Litigating Family Law Contempt Proceedings: What You Need to Know - MCLE BY BHBA
HTML-код
- Опубликовано: 12 сен 2019
- Contempt procedure: is it good for your client? Best practices and complicated evidentiary issues unique to family law contempt proceedings. Preparation for your case, reasonable doubt.
View Entire Video: bhba.inreachce.com/Details/In...
Join Beverly Hills Bar Association: bhba.org/join/
Watch the Part II of this series: FAMILY LAW NUTS & BOLTS PART 2: DVROs and the Art of the Evidentiary Hearing: • DVROs and the Art of t...
#BHBA #MCLE #CLE #law #familylaw #litigation
FAMILY LAW NUTS & BOLTS PART 1: What You Need to Know When Litigating Family Law Contempt Proceedings. The panel will discuss contempt procedure, best practices, and complicated evidentiary issues unique to family law contempt proceedings. Limitation of evidence, burden of proof, not calling the citee.
Speakers:
Hon. Hank Goldberg, Retired
Taylor Bouchard Wallin, Esq., CFLS
Moderator: Elizabeth Hall Peterson, Esq.
CATEGORY: Family Law
FULL PROGRAM & MCLE CREDIT: bhba.inreachce.com/Details/In...
- - - - - -
BECOME A MEMBER & SAVE ON MCLE COURSES
TRY 30 DAYS FREE at bhba.org/benefits/
- - - - - -
EDUCATIONAL PROGRAMS
Enjoy nearly 200 first-rate continuing legal education programs, seminars and events each year. We create and plan them to be a cut above, with outstanding speakers addressing timely and relevant topics in every practice area. Our Live and On Demand program offerings make it possible to meet your requirements at anytime from anywhere.
- - - - -
BECOME A MEMBER:
Join Now: bhba.org/benefits/
Visit our new website: bhba.org
Schedule a call: 310.601.2422
ABOUT US:
Beverly Hills Bar Association is world renowned and nationally recognized as a leading bar association for lawyer and attorney resources and referrals. The best part, you don't have to live in Beverly Hills, Los Angeles or California. You can join from anywhere in the world.
Build your network, become a leader in your industry and join our prestigious American Bar Association today (30 day free trial available).
MCLE PROGRAMS:
As one of top bar associations, Beverly Hills Bar Association produces more than 200 continuing legal education programs and special events in nearly all substantive areas of the law.
OUR LIST OF RESOURCES: bhba.org/resources/
NEWS & ARTICLES: bhba.org/news/
JOIN OUR EMAIL LIST: tinyurl.com/y2lrkzkd
SOCIAL:
Instagram: / beverlyhillsbarassocia...
Facebook: / beverlyhillsbarassocia...
RUclips: / thebeverlyhillsbar
LinkedIn: / beverly-hills-bar-asso...
DO YOU PRACTICE LAW IN LOS ANGELES, BEVERLY HILLS OR VISITING CALIFORNIA? Stop by and visit us today - One block away from Rodeo Drive:
Rolex Building, 9420 Wilshire Blvd, Beverly Hills, CA 90212
INTERESTED IN LEGAL CO-WORKING OR A PLACE TO WORK WHILE VISITING IN LOS ANGELES?
Beverly Hills Bar Association offers accommodations for long term, short term or single day use, contact our staff today for more information: 310.601.2422
HOW TO CHOOSE THE RIGHT BAR ASSOCIATION?
Choosing the right bar association is important and we’d love for you to join our organization. Beverly Hills Bar Association has resources and networking in all practice areas and boasts the largest entertainment law section in the world.
LOOKING FOR LEGAL NETWORKING IN LOS ANGELES?
Beverly Hills Bar Association is a great opportunity to establish yourself and your practice as a leader in the industry. Network with long term industry professionals, make referral connections and become a well known face in your community.
BAR ASSOCIATION NEAR ME?
You don't have to live in Los Angeles to join, benefit from a top bar association anywhere in the world.
Display your Beverly Hills Bar Association badge on your website and hang your BHBA plaque on your office wall. Show your clients you are a leader and an advocate in your practice area.
Schedule a call: 310.601.2422
bhba.org/benefits/
07:55 True. Sometimes there’s such an overwhelming amount of physical, chronological, photographic and audio evidence etc it can be tricky deciding what evidence to adduce and what to omit.
I always find it interesting that a Court assumes that your case has less merit if you add too much detail.
What if a judge fails to enforce a court order.
Three analytical prongs for contempt:
1. Are you party to the case and have proper standing to bring the charge?
2. Is there a valid court order?
3. Did the alleged contemnor willfully and/ or knowingly violate the order?
Research your state's statutes, rules and case law to discern if the contempt is civil or criminal.
Another important point is to scrutinize whether you are bringing a valid issue requiring a remedy to the court's attention, or are you being vindictive and vexatious? Charges of contempt are frequently used out of anger and hostility. Courts will dismiss your motions if you make claims on which no relief may be granted.
I brought my kids for their court ordered 5h visit last Saturday and my wife and her family refused to return my kids to me and they won’t even let me speak to them. Ironically she and her family then obtained an emergency custody order based on false pretenses. In addition, they are refusing to let me speak to the kids at all and I’m the one who is the custodial parent. Hearing for the bogus protective order is tomorrow. I hope they all go to jail
How did it go?
How many “counts,” is it for kit returning the kids at all?
Gold
My wife is supposed to have the kids for only 5h per week, but after I dropped them off last week my wife and her family refused to return my kids. She still has them after 8 days. She is only supposed to have them for 5 hours. I’m pretty sure I have met the burden of proof
Si-T???
I'm sorry does this mean you can't call the other parent? In my case it's custody contempt. And parental alienation he's already admitted too much of his actions and deposition. He's never pled the fifth. Please explain
I'm currently prosecuting a Motion for Contempt in ID for an ongoing custody violations (pro see - i'm not an atty). I appreciate all the points you guys are bringing up and a lot of it appear to be a no brainer i.e. specific and dated violations. I've already drafted my affidavit and the motion with all the evidence attached (original order and return of service), but what I am struggling the most are the sanctions to ask of court. I am prosecuting it as a civil sanction at this point (not criminal) and everywhere I look, including the code and the rule, the sanctions are very vague - up to $5k and no longer than 5 days in jail. I understand the concept of a sanction and that it is a means to coerce the Respondent to comply, but I am finding it challenging as to how to direct the court with the formula IF...THEN .... Could you give some examples of what sanctions are usually asked for visitation contempt.
I have already prevailed in the custody case and secured a favorable judgment but being a non atty and prosecuting it pro se caused me to stumble over some roadblocks before where my motions were denied. I don't want to ask too harsh of a sanction and have it denied and I don't want to ask for too lenient a sanction and encourage the Respondent to continue their contempt. This is my main issue - how to tie my goal to compel compliance to an appropriate and reasonable sanction. Everything else I have ready - evidence, etc. Please don't refer me to an attorney lol - I haven't met a good one yet and decided not to waste my time and go it alone. So far i have been quite successful.
Hey Bucky, how did it go in your contempt case? Do you remember what sanctions you asked for?? I am at this exact point right now. I don't want to seem like a terrible person but at the same time it feels like he has made me a prisoner the past 3 years. I appreciate any reply you can give and hope it was a good result for you and your kids!
@@jessicaclark665 Ok, I asked for the least severe sanction because my goal was not to punish but to bring the Court's attention to the ongoing issue of contempt. However, because the opposing party was also pro-se but at the same time not very active in defense, the court, at its own discretion, upgraded my contempt charge from civil to criminal (which I did not realize was even a possibility). The court's rationale was to qualify the opposing party for a public defender which apparently was only possible with criminal contempt charges. So, on one hand, the court elevated the charge and the sanction far beyond of what civil contempt allowed for, but on the other hand, by switching the charge from civil to criminal, the court allowed for a public defender to be involved and the opposing party now had a professional representation.
The opposing attorney then tried dismissing not only the charges of contempt but also the original judgment that gave the basis for the charges of contempt. Long story short, the charges of contempt were dismissed in exchange for mediation but my original judgment remained in force. It is still an ongoing battle, between now and the time I posted the comment, I secured several temporary orders, tried mediating unsuccessfully and just recently filed a petition to modify.
Prosecuting contempt for a lay person is very difficult. The court may empathize with your situation on a personal level but if you do not use the law and the procedure properly you will not get very far. I have read a lot of cases that have any relevance to my situation and I tried to sidestep my emotions as much as possible. What I have learned (not being a lawyer) is that I have to navigate the court using proper procedure in order to get justice. The courts will not navigate you in any direction, they expect you to use proper process and ask proper relief and if you can't do it, your only other option is hiring a lawyer. However, if there's contempt involved in your situation and you have your evidence lined up, I'd check with law enforcement.
@@jessicaclark665 As far as the actual charge of contempt, I drafted my affidavit enumerating specific violations. I demonstrated that violations were specific, regular, separate from each other and ongoing - times, dates, what was said and done and what was not said and not done and how it related to specific provisions of the judgment that I was claiming to be violated by the opposing party.
@@jessicaclark665 It's not an easy battle both emotionally and intellectually but it's totally worth it. I think it's a good strategy to show the court that you're not seeking punishment for the other party but rather compliance and have a long term strategy. The child's best interest is at the center of all efforts and if this is the focal point of your pleadings then that's already great in and of itself. In hindsight, if I was to do it again, I would not waste any time on deciding what sanction to ask but rather demonstrate the non-compliance and create solid court record of me prosecuting it and have it as a basis to demonstrate habitual disregard for court's authority if the non-compliance continues on.
Buckeye, Thank You!!! This info is so helpful! I hate to take your time with more questions but also, you've given me more "real life" advise than I have found in videos. I have more questions and if you have time, I would benefit from your response.
1) what was your best form of help figuring out the legal side?
2) My evidence is specific. We use OFW talking app, he puts "I will not let you see her" in several emails. I also have about 15 emails where he just cussing me out or calls me names. Also "I told daughter ...... how you are". We have this app because of prior verbal and physical abuse. How does this evidence stand up in court?
3) I didn't realize there would be anything after the contempt 😳 In my head, I have the evidence we go to court, it's proven and I get to see my daughter. Sounds like it's not that easy though?
4) My daughter is 15 now. Our case was opened 3 years ago. I had full custody and moved out of state. He filed and she had to move back. Now we split 55/45. She gets in trouble when she does see me for example he will find something on her phone the day before I get her and tell her she gets punished when she returns. Or he'll blame me for things she does . He's created an environment where it is unsafe for her to love me. She most recently said it's easier if she just doesn't see me because it's safer for her. All of this + more can be easily proven. But if now saying she doesn't want to see me, how does that affect the case?
5) The case is contempt. I have 8 different violations and several examples of each. Do I still include other evidence from the past and before the parenting plan was in place to prove it is on going?
I'm sorry to ask so much of you and please respect your own time/ privacy by not replying if this doesn't feel good to you. This just feels like a lonely road I am taking.
My first case cost $70,000 and beyond wiped me out with zero benefit other than a 12 page document of laws that has been useless.
1vd buisness Is Out fir one thing money that's they don't care about thus outcome is modern day slavery