Have Legal Questions? Ask a Lawyer Now.
he hates me .. we have jt legal adn he has primary physical.........
he has a statement from my son's residential facilty that states I talk about the father in dergoatry staements ... a couselor that twisted every thing i said and a couselor that denied me from seeing my son
When a Motion to Show Cause for Contempt of Court is filed for an alleged violation of a court order concerning child custody, visitation or support, the contempt may either be charged as CIVIL or CRIMINAL.
The petitioner must state whether he or she is asking for a criminal or a civil contempt proceeding. The motion for show cause must state whether criminal or civil contempt is sought and include the relevant section of the Va. Code.
If CRIMINAL contempt is sought for a violation of a court order, the sections of the 1950 Code of Virginia that are relevant are:
If CIVIL contempt is sought for a violation of a court order §16.1-292 allows for a disposition that might include incarceration until the contempt is purged (for example the support arrearage or a portion of it is paid or the child returned to the lawful custodian, or as ordered in each particular case). In this court the time that a person can be held in jail cannot exceed 12 months on a finding of guilt of contempt.
Punishment is usually in the form of a fixed fine and/or fixed jail sentence, and the contemnor has not power to change the punishment, i.e. "purge" the contempt. The jail sentence, if given, is for a definite period of time.
Punishment is usually conditional. That is, a growing fine and/or indefinite jail sentence until the person purges the contempt, i.e., by complying with the court's order. Civil contemnors "carry the keys of the prison in their own pockets."http://www.courts.state.va.us/courts/jdr/Lynchburg/show.html
It is important that you file a Petition for Show Cause IMMEDIATELY, before the father files a Petition to modify the visitation order so that you may only have supervised visitation in Virginia.
The Original Petition for Show Cause must be filed with the court. You must send the father a copy by regular mail. Then, you must file a Proof of Service (available at the court) that tells the court how you served the father (by regular mail.) If you get a court date on the spot, you can include that in the proof of service. Otherwise, the court may send you and the father a court date.
You may wish to consult an attorney who specializes in family law in Virginia. Sometimes, a telephone consultation is free or at a minimal charge. You can discuss the specific facts of your case, evaluate your options and decide how to proceed. You can decide if you need to hire an attorney, or whether you are eligible for legal aid, or whether you can do it on your own.
My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!
he hasalready filed to put me in jail for a suposed talking about him he is so Narcicsitic.. I have pages of email to my son adn not 1 is a sentence or remark about the father.......... he is truing to carveme out of his life , he told my son after the illness, he must livewith him if he wants his inheritience, i
I feel it is criminal what he has done agsainst me
why did the court drop my show cause?? I had only requested to reschedule?? can i have this reinstated or doi re flle??
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).