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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33910
Experience:  Began practicing Family Law in 1992
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I was served with a petition for contempt from my son's

Customer Question

I was served with a petition for contempt from my son's father and I am wondering what to expect to happen at the hearing this week. I live in New Hampshire..thank you!
JA: Have any papers been filed in family court?
Customer: Just the petition for contempt by him.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes, The claims made are totally unfounded and false. How do I convince the judge that he is lying? Thank you.
Submitted: 2 months ago.
Category: Family Law
Expert:  JD 1992 replied 2 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  JD 1992 replied 2 months ago.

Unfortunately the questions you ask are too general for us to be able to answer them because they require an intricate knowledge of the case and the facts and it is impossible to obtain that degree of knowledge in a forum like this. If you want to rephrase your question to make it more specific then I can answer. But if you prefer for me to opt out, I'll be happy to do so although every expert will have the same problem because essentially you are asking "how do I conduct my trial" when all you've told us is the general area the trial will cover. I've done several hundred non-jury trials and over a hundred jury trials, and I can tell you that for every hour I spend in court in trial I spent 5-10 hours outside of court preparing for the trial.

Hearings on motions for contempt vary depending on the facts and no two are the same. My strong suggestion is that you do not attempt to represent yourself and that hire an attorney. You have to know the rules of civil procedure as well as rules of evidence to have any chance of introducing evidence or fighting any evidence they offer.

Customer: replied 2 months ago.
Thank you Dwayne,
I don understand my question is very general. What I mean is what are the proceedings? Will I have a chance to speak after he does? What are the steps that will take place? I will be representing myself since I can in no way afford an attorney. Thank you for your time.
Expert:  JD 1992 replied 2 months ago.

You can ask for a court appointed attorney if jail is a possibility.

All hearings follow the same basic format.

It follows this process:

1. The judge calls the case to begin

2. The Movant makes their opening statement

3. The Respondent (you) make your opening statement

4. The Movant calls a witness.

5. The Movant questions the witness and introduces any evidence through them.

6. After the Movant has completed that witness, the Respondent can question the witness.

7. The above procedure can be repeated back and forth with the same witness until both sides are finished with the witness.

8. The Movant will call their next witness and repeats the above process as does the Respondent.

9. After Movant has called all of their witness, the Movant "rest" their case.

10. The Respondent begins calling their witnesses and offering their evidence and the roles discussed above are basically reversed.

11. The Respondent "rest" their case.

12 The Movant then has an opportunity to present a rebuttal case which works the same as far as calling witnesses and offering evidence.

13. When both sides are completely finished and have rested their cases, the judge then allows Movant to make their closing statement.

14. Respondent makes their closing statement.

15. Movant has one more chance to make a rebuttal closing statement in response to what the Respondent said.

16. The judge then renders their decision.

17. The oral decision is then written up into a written order normally by the party that won and the judge signs the order.

18. Either party then has the chance to appeal the case.