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My ex filed a Criminal Contempt charge against me for taking…

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My ex filed a Criminal...
My ex filed a Criminal Contempt charge against me for taking my son to a psychologist that he had previously seen on a regular basis stipulating this was a new course of care and only she had the authority to start a new course of care. At the same time, she was trying to get her child support increased based on my W2. I agreed to a settlement where she received $9k from me, I was appointed PRP and joint decision making. I agreed to this settlement under the advice of my lawyer to avoid any potential jail time. I have since learned that my ex and her attorney hired a forensic psycologist whose findings indicated my son's appointment with the dr was not a new course of care. They knew this before the settlement but did not withdraw the Criminal Contempt I feel so they could use it against me to sette. Is this legal for them to withhold this information from me in a criminal proceeding?
Submitted: 6 years ago.Category: Criminal Law
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Answered in 7 minutes by:
2/19/2012
Criminal Lawyer: P. Simmons, Lawyer replied 6 years ago
P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 37,706
Experience: 16 yrs. of experience including criminal law.
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Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

This is a bit unique, since only the state can prosecute a criminal case. A private citizen can request the DA prosecute a case...but only the DA (district or county attorney) can actually file the charge.

In a criminal case, the DA has the absolute duty to disclose exculpatory evidence under state and federal law.

But, again, a private citizen can not prosecute a criminal case.

What you describe? IF she requested prosecution of this and knew, at the time, there was not merit to the case? You would have a good cause of action to request she pay your lawyer fees (The lawyer fees required to defend this frivolous claim)



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Customer reply replied 6 years ago
The DA was never involved I don't think so are there different types of Criminal Contempt? The Criminal Contempt was filed in the 4th Circuit Court for Davidson County, TN with case # 05D693 and references TN Code Ann 29-9-103.
Criminal Lawyer: P. Simmons, Lawyer replied 6 years ago
If you can show that this case was filed and at the time it was filed they knew there was no case? That would be a great case to ask for lawyer fees for filing a frivolous case.
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