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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 92772
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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There are two court cases coming up where my sons father is

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There are two court cases coming up where my son's father is charged with criminal failure to follow court order and retun my son and civil charges for neglect and not following the court order by not returning my son and not administering his medications as well as not returning him to the police station as ordered on time.
His father today asked in court will he be able to press charges against me on the court dates as well? I follow the order, yet he will often lie to retaliate against my show cause rules. Is he able to press charges against me at the trial or does he have to go through Prince William County intake office as I had to as required by the Commonwealth of VA
Submitted: 1 year ago.
Category: Family Law
Expert:  FiveStarLaw replied 1 year ago.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

Hello,

Thanks for using JustAnswer. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

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Your Question - Is he able to press charges against me at the trial or does he have to go through Prince William County intake office as I had to as required by the Commonwealth of VA

My Answer - He may not press charges against you. He may file a report with the Prince William County Intake Office.They will determine whether charges may be filed.

Explanation - An individual does not have the ability to file criminal charges. Instead an individual may file a report and the prosecutor determines whether or not to file criminal charges

I would be glad to respond to any related follow-up questions that you may have.


Customer: replied 1 year ago.


The judge explained I must cross examine him for the charges. I have the emails and text messages trying to get him to return our son and his texts stating he was bringing him back after the police arrived.


 


Do I need to ask any specific questions? Does not the evidence speak for itself? His father is a certified Narcassist and has a silver tongue, so not sure how or what to ask for his not following the order, but to just show that he has not been following the order.


 


Could you read these notes or emails (text that I forwarded to my email to print out?


 


I just want to protect our son from the stress of not knowing when he will be home again.


 


And my stress of not knowing where my son is every holiday he is with his father and wondering when I will see him again.


 


 

Expert:  FiveStarLaw replied 1 year ago.
Unfortunately I need to step away from the computer. I will opt out so that another expert can assist you
Expert:  Law Educator, Esq. replied 1 year ago.
I am very sorry, your previous expert has opted out and this is a new expert here. We cannot review your emails or evidence I am afraid, nor can we actually write your questions for you, as both would be prohibited by the rules of this site and the VA bar. We can give you only the general process and formula for you to follow to come up with your own questions and to get the emails admitted into evidence in accordance with the VA Rules of Evidence. If that is acceptable then we would be glad to assist, but if you need more, you will have to engage a local attorney.
Customer: replied 1 year ago.


The general process and formula to follow to come up with questions and to get the emails admitted into evidence will be greatly appreciated.

Expert:  Law Educator, Esq. replied 1 year ago.
In order to introduce your email evidence, you must put the person who wrote those emails on the stand to testify and simply ask them if they wrote emails and show them the emails and ask if those are the emails. Once they admit to it, you state to the court "the party has authenticated the emails and I wish to enter them into evidence," since the written emails and their contents speak for themselves. As far as following the order, you would ask him if he was aware of the order and received a copy of it. Then you would take one thing at a time that he did and ask if those incidents occurred. Then you would use the court order and ask if that incident was in compliance with the court order, to which he has to answer yes or no. The order, again speaks for itself. If he denies committing the violations when you ask him, then you would have to finish with him and put a witness on the stand to testify to each of the violations that you are alleging took place.

These are the steps to follow to get the evidence admitted in accordance with the rules of evidence. It is called laying a foundation and authenticating evidence and impeaching the witness (if he lies on the stand).


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Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 92772
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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Law Educator, Esq.
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Experienced attorney: Family law, Estate Law, SS Law etc.