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Trying to stay out of court - last July 3rd - 5 counts of contempt and a new parenting plan that modified two previous Orders so giving new ground to screw around with summer visitation which is what the 5 counts are for from 3 years of interference. Now, we don't want to have to go back to Court (we were pro se) when we have Orders that are clear and the sheriff knows it's clear that interference is happening. Why do we have to keep going to court when there is already an Order and the violation is clear? Why doesn't it become criminal through interference with custody? The judge did put the defendant in jail for 24 hours for the 5 counts of contempt last year, but we didn't care about jail, we just wanted more time and now we've had nothing but interference to reduce the time since the defendant got out of jail the next day. Every time the police are called and nothing is done, they don't even do reports each time. We wrote the judge immediately when it started again and no response (we did copy it to their attorney, again, we are pro se). By the time we petition the court, much of our summer visitation is lost. But, if that's the only way...????
Contempt is obviously not working - I need an "interference with custody" as the first and second will be misdemeanors but the third is a felony in the state of GA. This makes the behavior criminal and hopefully will make it stop. In psychological evaluations (court-ordered) the defendant was found to have narcissistic tendencies with denial as their defense and the doctor said (I have the transcripts) "the party is highly likely to be involved in illegal activity because they are above the law in their own mind". THEY WILL NEVER FOLLOW AN ORDER AND IT HAS TO BE PROVEN BY CRIMINAL CHARGES.
This party also got full custody, outrageous child support and still tortured the child and visiting parent for eight years now. IT HAS TO STOP! Contempts are like candy, her side has framed one on me with a motion to compel that lead to a contempt because I didn't pay it fast enough after I filed for a Jury trial and the Judge said for me to drop that and them to drop the contempt and when I dropped my motion, the Judge allowed their contempt and threw me in jail for $960 in attorney fees on a compel that was a total lie and the judge didn't even listen to my side. This same judge has since done the 5 contempts to the other side. The opposing attorney was also a juvenile judge in the same district and my attorney was doing an adoption at the same time (she allowed me to go 10 months without seeing my daughter to establish the defendant as primary care giver and even when they made me start paying child support they never got me any visitation and my daughter still has emotional and physical problems from this constant abuse - I got so screwed and so did my daughter. We got that judge/attorney removed from the bench with the entire community and the new chief judge when the one who appointment these ???? retired, along with Judge Lynn Alderman who was her partner in crime and changed my daughter's name four times and it's still changed to the wrong name. We haven't gone back to correct that yet. She's in 5th grade now and that's been her name. It all sucks, but it's time for some freaking peace - every summer or holiday our family is tortured by this psychopath.
I hope you understand now why contempt was not my question or the outcome I am seeking, but interference with custody. I know contempts quite well. Thank you.
I am familiar with the law/code on "interference with custody" and I have shown the sheriff's deputies this same law. I need to know how to get the sheriff to do the warrant because their superior is telling me to go to Superior Court and petition the Court AGAIN! I know this has to be wrong!!!
Are you saying that I need to go to the DA and then they go to the grand jury for an indictment? Or is it the magistrate judge? This is the part I have no experience with - criminal and how to prosecute or rather assist the state in prosecuting. I've only had to file a restraining order in the past and those are easy.
How do I insure the grand jury will follow the law? Will the police reports and the Order be enough? Will I have to testify to a grand jury?
Now, we are getting to my answer - please reply if possible. Thank you.
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