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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9368
Experience:  since 1983
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I am in contempt of a court order because I withheld my son

Customer Question

I am in contempt of a court order because I withheld my son intentionally from his dad because he was in contempt of our legal custody agreement by taking our son to the dr to get vaccinated against my will and against my knowledge intentionally. I filed contempt orders against him too. Court hearing is tomorrow and I Just learned I could potentially go to jail for this. Is this something that happens often in CA? I would lose my job and I am the primary care giver of our son. Also, my intention is not to continue to withhold but I filed a motion to change legal custody to where I would have sole legal custody so this never happened again (that goes way back with my sons developmental delays and medical health issues). Now I am just REALLY freaked out that I will have to go to jail. Please HELP!
Submitted: 2 years ago.
Category: Family Law
Expert:  N Cal Attorney replied 2 years ago.
Thank you for your question.
The likelihood of you being sentenced to any jail time for a first time contempt of this nature are very low.
The likely sentence if you are convicted would be a fine.
People do get jailed for contempt in California but it depends on the nature of the contempt. Violating the court order is considered to be a lesser form of contempt than telling a judge to go to hell. That would likely result in a short jail sentence.
What you did is unlikely to result in any jail time but I cannot guarantee what the judge will do.
Being a criminal action, being cited for contempt gives you the right to a court appointed attorney if you cannot afford to hire an attorney to defend against the contempt charge.
If you are sentenced to any jail time, you can ask the court for permission to serve it on weekends so you will not miss work.
I hope this information is helpful.

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