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Ask S. Kincaid Your Own Question
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2485
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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I have a sealed order from the court that states "There should

Customer Question

I have a sealed order from the court that states "There should be no contact between [my child's name] and [Boyfriend's full name].
This is the full language that is in the order. The order was a result of the same recommendation issued by my child's guardian ad litem from a litany of information detailing this man's violence and dangerous behavior.
Currently, my child says he has not directly met or seen the boyfriend, but certainly knows about him.
Over the past 4 months, my private investigator has collected documented proof of several things, and also the GAL has had my child provide information about this boyfriend. The details are:
- Boyfriend has been to mother's house on her parenting days 21 times in the past 30 days.
- Boyfriend has been inside of mother's house while child is there and asleep.
- Child told guardian that he sees pictures of mom and boyfriend on walls, and mentioned that it upsets him.
- Child has said that there are boyfriends boxes and personal belongings around the house (some with boyfriends name, such a suitcase in the basement in child's play area).
- Boyfriend is currently transient and stays in hotels on days mother has child at her house.
- Boyfriend uses mother's address as his residence for court records (he is significantly behind in child support and has filings against him)
- Child overhears regular phone conversations between mom and boyfriend.
The guardian also heavily believes that my child should never be around this boyfriend as a result of her investigation and evidence presented to her (video of him threatening to kill himself to an ex-girlfriend and then actually cutting himself).
I realize that none of these items constitute actual physical and direct contact.
But can all of these things be legitimately argued as contempt of the sealed "no contact" order? Will a judge view this as contempt if a motion is filed using these circumstances?
Submitted: 1 year ago.
Category: Family Law
Expert:  S. Kincaid replied 1 year ago.
The only thing that could possibly be considered contempt, is the boyfriend being present when the child is asleep. Technically, that's not contempt, but there is a possibility that a judge would interpret it that way.
Customer: replied 1 year ago.

what about if he is sitting out front in his car while my son is there? or in a different room while my son is there?

Expert:  S. Kincaid replied 1 year ago.
If your son is aware of his presence, I think that would be sufficient. I think being in the same house at the same time is probably enough, and it is stronger if your son is aware of his presence.