Appeared in court...

[Chelle0511]

What is the What is the name of your state? Il.
Ok, my fiance' called the circut clerk today to see if the ex had appeared on the visitation interference charges. They said that she had appeared and plead "not guilty", and was scheduled to appear again Feb. 17th. First ?...why does she have to appear again, why wouldn't they do it in one day? 2nd... how can she plead not guilty when the police have it on file? 3rd... what happens from here? Please advise, thanks!name of your state?

 

[sirxamiel]

What is the What is the name of your state? Il.
Ok, my fiance' called the circut clerk today to see if the ex had appeared on the visitation interference charges. They said that she had appeared and plead "not guilty", and was scheduled to appear again Feb. 17th. First ?...why does she have to appear again, why wouldn't they do it in one day? 2nd... how can she plead not guilty when the police have it on file? 3rd... what happens from here? Please advise, thanks!name of your state?

That is her legal right to have a case continued. Im not sure what the laws are there, but most states will allow you to continue a case up to 3 times. And it doesnt matter if the police have it on file. That is also her legal right to plead not guilty. Since she plead not guilty, she can(in most cases) have the case heard before a jury. She could, depending on the judge of course, drag this out for a long time. If they do find her guilty, she could appeal it, and have it heard in superior court. Thats the way the government is these days unfortunately.

 

[Chelle0511]

That is her legal right to have a case continued. Im not sure what the laws are there, but most states will allow you to continue a case up to 3 times. And it doesnt matter if the police have it on file. That is also her legal right to plead not guilty. Since she plead not guilty, she can(in most cases) have the case heard before a jury. She could, depending on the judge of course, drag this out for a long time. If they do find her guilty, she could appeal it, and have it heard in superior court. Thats the way the government is these days unfortunately.

~Thanks for the reply. Yes, I understand that is her right. However the way the clerk talked the next appearance was not scheduled due to her request. I doubt that she had an attorney, for one she can't afford one and two, she probably thought that it wasn't a big deal. So, maybe they scheduled again giving her a chance to seek an attorney. I know that it takes a while to get legal aid, will they work that fast for her...the 17th? Also, I know that she can plead not guilty, but what good can that do for her when there are several police reports, where she denied visitation to them??? Can she get away with this?? Please advise!

 

[Chelle0511]

Belize, Stealth, IAAL... help me out here, PLEASE!!!

 

[sirxamiel]

~Thanks for the reply. Yes, I understand that is her right. However the way the clerk talked the next appearance was not scheduled due to her request. I doubt that she had an attorney, for one she can't afford one and two, she probably thought that it wasn't a big deal. So, maybe they scheduled again giving her a chance to seek an attorney. I know that it takes a while to get legal aid, will they work that fast for her...the 17th? Also, I know that she can plead not guilty, but what good can that do for her when there are several police reports, where she denied visitation to them??? Can she get away with this?? Please advise!

It depends. If she is facing jail time, then the court can award her a court appointed attorney.And usually, the judge will set a date for hearing, and will give the defendant a chance to accept the date or ask if she would like another date. But usually the judge sets a date. You can hire an attorney the last day before a court appearance. As long as you have money, then you can hire an attorney, and he/she will appear. If the courts appoint one to her, then yes they will work that fast. By pleading not guilty, and resceduling, she may have bought her some time to consult an attorney, and quite possibly find loopholes in the system. The judicial system is all screwed up.

 

[Chelle0511]

It depends. If she is facing jail time, then the court can award her a court appointed attorney.And usually, the judge will set a date for hearing, and will give the defendant a chance to accept the date or ask if she would like another date. But usually the judge sets a date. You can hire an attorney the last day before a court appearance. As long as you have money, then you can hire an attorney, and he/she will appear. If the courts appoint one to her, then yes they will work that fast. By pleading not guilty, and resceduling, she may have bought her some time to consult an attorney, and quite possibly find loopholes in the system. The judicial system is all screwed up.

~So, she pleads "not guily". When she goes back the 17th, the states attorney will present the reports from the police, which are proof and then what? By the way my fiance did not get home in time to call the States Attorney Friday, we will have to wait till Monday. He has court Tues. in the a.m. on the modification for visitation so we are trying to get this all figured out by then. Stealth...what are you thinking here???

 

[stealth2]

Sorry - getting ready to take on the day with the kids. Most likely she will present a defense to her refusal of visitation. The whole point of the trial will be for the judge to decide if she was justified or not. Simply having a police report doesn't make it contempt. Might make Dad's case stronger, but she gets to present mitigating factors. For example, if Dad was threatening to not return the kids. If Dad appeared to her to be drunk or high. It's impossible to say what she'll present as a defense, but it is absolutely her right to do so. Just as it was absolutely Dad's right to file against her for denying visitation.

 

[Chelle0511]

Sorry - getting ready to take on the day with the kids. Most likely she will present a defense to her refusal of visitation. The whole point of the trial will be for the judge to decide if she was justified or not. Simply having a police report doesn't make it contempt. Might make Dad's case stronger, but she gets to present mitigating factors. For example, if Dad was threatening to not return the kids. If Dad appeared to her to be drunk or high. It's impossible to say what she'll present as a defense, but it is absolutely her right to do so. Just as it was absolutely Dad's right to file against her for denying visitation.

~Thanks Stealth, I knew that I could count on you! By the way if this is the way that it works, I don't understand why they wouldn't have dad there to testify. How will they know his side of the story without him there? Plus, I wish her luck if she tries to say any of the above since the police were there since dad first had contact with her. Also, the police had dad write down all the weekends that he was denied in the last year (which is over half). So, I guess what we need to know from here is how can dad present his side? Will the S.A. do this with the police reports? Sorry, we have never had issues with the law, and all this is new!

 

[casa]

~Thanks Stealth, I knew that I could count on you! By the way if this is the way that it works, I don't understand why they wouldn't have dad there to testify. How will they know his side of the story without him there? Plus, I wish her luck if she tries to say any of the above since the police were there since dad first had contact with her. Also, the police had dad write down all the weekends that he was denied in the last year (which is over half). So, I guess what we need to know from here is how can dad present his side? Will the S.A. do this with the police reports? Sorry, we have never had issues with the law, and all this is new!

The father should have submitted a declaration or affidavit to the court stating the reasons he is filing against her for visitation interference. The judge will usually rely heavily on police report information- BUT the times the father 'said' she did not release him are not provable- Only the times he actually filed a police report. (Which is why father should file a report for every denial/interference).

Some judges only reprimand a parent for contempt the first time...some take several times to get tired of it. It's a process. Go through it and keep documenting everything. The mother will eventually be fined, sanctioned or risk losing custody- all of which will help encourage her to allow visitation. It may not happen right away, so be prepared in case it is not 'settled' with the one hearing. It's important you don't give up.

 

[Chelle0511]

The father should have submitted a declaration or affidavit to the court stating the reasons he is filing against her for visitation interference. The judge will usually rely heavily on police report information- BUT the times the father 'said' she did not release him are not provable- Only the times he actually filed a police report. (Which is why father should file a report for every denial/interference).

Some judges only reprimand a parent for contempt the first time...some take several times to get tired of it. It's a process. Go through it and keep documenting everything. The mother will eventually be fined, sanctioned or risk losing custody- all of which will help encourage her to allow visitation. It may not happen right away, so be prepared in case it is not 'settled' with the one hearing. It's important you don't give up.

~Thanks Casa! We have the last 2 on file and intend on filing everytime from here on out! When it all started a little less than 2 years ago we had a problem getting an officer to help (small town only 2 in at once). Then when we tried to get help in the last month or 2 there has been 2 new officers that have been wonderful! Ever since then she has been following the rules, and that is what counts. We go to 2 court Tues. for modification of visitation so we will get to stress our case then. Thanks Again!

 

[Chelle0511]

Progress...

Ok, my fiance' appeared in court yesterday for the visitation modification. His ex did not show since they could not locate her to serve her. This was due to the fact that she had moved and not provided the court with a new address. The judge clearly stated that he could not rule w/out her defense. Then he went on to look at the petition he said that although my fiance' had clearly stated what the problem was he had not directly stated what it was that he was asking. He said, he knew what he was asking and what needed to be done once they got her in the court room, he still needed my fiance' to directly ask for whatever it was that he wanted. He said "I know what needs to be done, we just have to get her here" 4 times! This awesome judge was sure to let us know that he was going to take care of the situation. He also mentioned that she may be facing fines and/or jail time twice! He then proceeded to tell my fiance' that although he could not offer legal advice, he could tell him his options. Which were 2 contempt charges (which were for visitation interference and failure to notify court of address change, since we drove all that way and took time off work for nothing, since they couldn't find her). He also told us that we could petition for everything else that we were asking. Modification of times due to work schedule, added 2 weeks in summer, and for her to make half the drive (i.e pick up or drop off), since of all the wasted trips due to denial. He also petioned for joint legal custody since his child will be starting school this fall. WOW, do we feel better now that we know this judge will take care of us! To all of you fathers who think that judge's always rule in the favor of a mother... we may be wrong! New date is Feb. 14th, will keep you posted!

As far as he criminal hearing for contempt she appeared as stated in previous reply and requested a jury. New trial is Feb. 17th, will keep you posted there as well.

Any comments or more suggestions???? Thanks for all so far!!

 

[casa]

Ok, my fiance' appeared in court yesterday for the visitation modification. His ex did not show since they could not locate her to serve her. This was due to the fact that she had moved and not provided the court with a new address. The judge clearly stated that he could not rule w/out her defense. Then he went on to look at the petition he said that although my fiance' had clearly stated what the problem was he had not directly stated what it was that he was asking. He said, he knew what he was asking and what needed to be done once they got her in the court room, he still needed my fiance' to directly ask for whatever it was that he wanted. He said "I know what needs to be done, we just have to get her here" 4 times! This awesome judge was sure to let us know that he was going to take care of the situation. He also mentioned that she may be facing fines and/or jail time twice! He then proceeded to tell my fiance' that although he could not offer legal advice, he could tell him his options. Which were 2 contempt charges (which were for visitation interference and failure to notify court of address change, since we drove all that way and took time off work for nothing, since they couldn't find her). He also told us that we could petition for everything else that we were asking. Modification of times due to work schedule, added 2 weeks in summer, and for her to make half the drive (i.e pick up or drop off), since of all the wasted trips due to denial. He also petioned for joint legal custody since his child will be starting school this fall. WOW, do we feel better now that we know this judge will take care of us! To all of you fathers who think that judge's always rule in the favor of a mother... we may be wrong! New date is Feb. 14th, will keep you posted!

As far as he criminal hearing for contempt she appeared as stated in previous reply and requested a jury. New trial is Feb. 17th, will keep you posted there as well.

Any comments or more suggestions???? Thanks for all so far!!

You want the court to issue an order to enforce visitation, You want her cited &/or possibly fined for contempt, You want the visitation changed x,y or z way because of x,y or z reason.

 

[Chelle0511]

You want the court to issue an order to enforce visitation, You want her cited &/or possibly fined for contempt, You want the visitation changed x,y or z way because of x,y or z reason.

You got it, and after being educated that is what we petioned for!

 

[Chelle0511]

~Wow, if you all could have been flies on the court room walls today you wouldn't have to watch Seinfeld, that's for sure. Extremely comical. I love my fiance' to death but man was he married to a dumba$$. Anyways, this is how it went:

Request for pick-up and drop-off time to be changed to 7:00 ... granted
Request for 2 weeks summer visitation ... granted
Request for ex to be held for contempt for visitation interference... granted (she has to appear again May 2nd, if there have been any problems between now and then she has to sit 30 days in county jail)
Request for make-up weekends and holidays for past holidays denied... granted(we have the next 10 weekends and the next 7 holidays)
Request for shared transportation ... denied (ex claimed the 5 yr. old has a 7:00 bedtime)
Request for joint legal custody... denied. (judge claims that this and phuysical go together and since the parents can not get along, (mother was bitching about a diaper situation 5 yrs ago that pissed the judge off) that this was not in the best interest of the child. However he could file for sole legal and physical. (in the working)

I think that is all, 75% in our favor, can't complain. She was pissed and the judge seen right through her lies, lies, lies.

Now, a question. She is on a war path and wants revenge. She states that she is filing contempt because my fiance claimed his daughter on his taxes in 2003. Legally he gets the exemption if he is current on support by Dec. 31st. Well this year he was not, he was making all payments on time and scheduled payments on arrears from a lay off a few years back. She called and told him that she was not filing because they were going to take all of her taxes due to a past debt, so he could claim her. He did, and now over a year later she wants to use this as a revenge. She received 80% of the money to pay off arrears. So, what do you think will happen with this, since she has waited over a year and he had her permission. I have recently learned on here about a form that must be filled out that he knew nothing of at the time. Will the judge see this as a revenge, will he be ordered to pay back the actually couple of hundred that he actually received (which won't be a big deal)?

 

[Jenny0372]

~Thanks for the reply. Yes, I understand that is her right. However the way the clerk talked the next appearance was not scheduled due to her request. I doubt that she had an attorney, for one she can't afford one and two, she probably thought that it wasn't a big deal. So, maybe they scheduled again giving her a chance to seek an attorney. I know that it takes a while to get legal aid, will they work that fast for her...the 17th? Also, I know that she can plead not guilty, but what good can that do for her when there are several police reports, where she denied visitation to them??? Can she get away with this?? Please advise!

Make sure that your divorce decree/custody orders are registered in your state. If they are, I'm not sure why the police did not enforce the visitation orders. Also, if the decree is from another state and not registered in your state, the decree can not be enforced until your state recognizes the orders. She will not get away with denying you visitation. Look in your custody/visitation orders and see what happens if visitation is withheld. My decree spells out what happens if orders are ignored. Also, make sure you follow the protocol as per your visitation orders, like you must give 14 days notice before a desiganated weekend. Also, I do not believe legal aide will come through on such short notice. They are already swamped. Do you have an attorney? I hope this has helped. Good luck to you.