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Florida DVI Question

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osmosis

Member
What is the name of your state? Florida

Case History ---> https://forum.freeadvice.com/search.php?searchid=1875708

I am the Respondent in a Domestic Violence case with my X as the Petitioner. In the most recent modification thereof it states:

"[Respondent] may telephone the petitioner for visitation changes and emergencies involving the children."

..otherwise there is no contact allowed.

So, she's been calling me sporadically since October of last year in regards to visitation changes. In November she called and spoke with me for over half an hour. This is the first out of court contact I'd had with her since she got the injunction 4 years ago. It was primarily about how I "scared" her by pulling the table in two. The conversation had little to do with visitation, despite the injunction stating that we were only allowed phone contact for this purpose.

Last month she called me regarding our 7 year old son wanting to live with me, at which time she informed me hat she knows he wants to be with me but refuses to allow him to move out until she is "ready". She also informed me that she would not allow our other two children to live with me regardless of how they feel about it. Last week she began leaving voice messages for me trying to get me to change my weekend with the kids so that she can have extra time with them. She left a total of 4 messages over a period of one week. In the first she asks to modify my visitation schedule, and in the next she says she doesn't mind if I keep my schedule the way it is. She even goes on to say that she will deliver them and retrieve them in our agreed upon location. When she finally caught me at home today to discuss this, I politely told her "No. That's my time. I will pick them up as previously agreed." The call ended.. or so I thought.

Less than five minutes later she called back, this time she was angry. She began to shout at me telling me that I had to drive the 100 miles to pick the children up from school if I wanted to see them, despite the DVI stating that it was up to the custodial parent to deliver the children half way for exchanges. To make a longer story short, she is withholding visitation from me as a result of not allowing her to change my visitation schedule.

(I have all of the saved voice messages but was not the two conversations from today.)

Is this phone contact from her cause for a Contempt of Court motion?What is the name of your state?
 


LdiJ

Senior Member
What is the name of your state? Florida

Case History ---> https://forum.freeadvice.com/search.php?searchid=1875708

I am the Respondent in a Domestic Violence case with my X as the Petitioner. In the most recent modification thereof it states:

"[Respondent] may telephone the petitioner for visitation changes and emergencies involving the children."

..otherwise there is no contact allowed.

So, she's been calling me sporadically since October of last year in regards to visitation changes. In November she called and spoke with me for over half an hour. This is the first out of court contact I'd had with her since she got the injunction 4 years ago. It was primarily about how I "scared" her by pulling the table in two. The conversation had little to do with visitation, despite the injunction stating that we were only allowed phone contact for this purpose.

Last month she called me regarding our 7 year old son wanting to live with me, at which time she informed me hat she knows he wants to be with me but refuses to allow him to move out until she is "ready". She also informed me that she would not allow our other two children to live with me regardless of how they feel about it. Last week she began leaving voice messages for me trying to get me to change my weekend with the kids so that she can have extra time with them. She left a total of 4 messages over a period of one week. In the first she asks to modify my visitation schedule, and in the next she says she doesn't mind if I keep my schedule the way it is. She even goes on to say that she will deliver them and retrieve them in our agreed upon location. When she finally caught me at home today to discuss this, I politely told her "No. That's my time. I will pick them up as previously agreed." The call ended.. or so I thought.

Less than five minutes later she called back, this time she was angry. She began to shout at me telling me that I had to drive the 100 miles to pick the children up from school if I wanted to see them, despite the DVI stating that it was up to the custodial parent to deliver the children half way for exchanges. To make a longer story short, she is withholding visitation from me as a result of not allowing her to change my visitation schedule.

(I have all of the saved voice messages but was not the two conversations from today.)

Is this phone contact from her cause for a Contempt of Court motion?What is the name of your state?

Unless it was a mutual restraining order you are barred from contacting her, but she isn't barred from contacting you. However, it would be a defense if she were to try to get you in trouble for violating the restraining order.

However, her denying you visitation is contempt. You can certainly take her to court for that. Although, if its a one time thing, it might not be worth the effort.
 
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