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Main Forums => Visitation Issues => Topic started by: Davy on Aug 19, 2004, 09:45:32 PM

Title: CRIMINAL ... not civil ... in ALL states
Post by: Davy on Aug 19, 2004, 09:45:32 PM
Searched internet using "custody interference ......

Posted by Davy ® , Jul 24,2003,18:40          


Illinois " using Google and found the following (below). When you point out the actual statues and rule of law The State's Attorney office will likely say "well we don't do that here ... you won't find a judge in this state that will hear this case".  In other words, the SA Office, judges, etc will just continue to conduct their office based on social policy rather than the rule of law which they were all sworn to enforce.  Try to persist.

The Department of Juvenile Justice web site contains info. that they conducted a study paid for by the American Bar Asso's and found ALL STATES had CRIMINAL statues for INTERFERENCE with a custody order (ie visitation).

Here is what was copied :

Visitation enforcement proceedings may be initiated in one of two ways. The aggrieved party may bring the matter before the Domestic Relations court and seek to have the alleged violator held in contempt and punished accordingly. Alternatively, the aggrieved parent may seek the assistance of the local police and the State's Attorney's office and have the violation prosecuted as a criminal case. First- and second- time offenders are punished as having committed a "petty offense" (sentences include a period of conditional discharge (sort of like probation, but where probation supervision is impracticable or would unnecessarily tax the probation department) is and/or a fine (720 ILCS 5/5-5-3). Thereafter, subsequent convictions are treated as Class A misdemeanors (prison sentences may range from six months to one year).


720 ILCS 5/10-5.5

§ 10-5.5 Unlawful visitation interference

(a) As used in this Section, the terms "child", "detain", and "lawful custodian" shall have the meanings ascribed to them in Section 10-5 of this Code.

(b) Every person who, in violation of the visitation provisions of a court order relating to child custody, detains or conceals a child with the intent to deprive another person of his or her rights to visitation shall be guilty of unlawful visitation interference.

(c) A person committing unlawful visitation interference is guilty of a petty offense. However, any person violating this Section after 2 prior convictions of unlawful visitation interference is guilty of a Class A misdemeanor.

(d) Any law enforcement officer who has probable cause to believe that a person has committed or is committing an act in violation of this Section shall issue to that person a notice to appear.

(e) The notice shall:

(1) be in writing;

(2) state the name of the person and his address, if known;

(3) set forth the nature of the offense;

(4) be signed by the officer issuing the notice; and

(5) request to the person to appear before a court at a certain time and place.

(f) Upon failure of the person to appear, a summons or warrant of arrest may be issued.

(g) It is an affirmative defense that:

(1) a person or lawful custodian committed the act to protect the child from imminent physical harm, provided that the defendant's belief that there was physical harm imminent was reasonable and that the defendant's conduct in withholding visitation rights was a reasonable response to the harm believed imminent;

(2) the act was committed with the mutual consent of all parties having a right to custody and visitation of the child; or

(3) the act was otherwise authorized by law.

(h) A person convicted of unlawful visitation interference shall not be subject to a civil contempt citation for the same conduct for violating visitation provisions of a court order issued under the Illinois Marriage and Dissolution of Marriage Act.
Title: RE: CRIMINAL ... not civil ... in ALL states
Post by: MixedBag on Aug 20, 2004, 05:30:47 PM
I'm sure she'll appreciate this info, Davy!

Care to take on a project -- and do it for all states and then let the site have the information as a permenant thing?

Just kidding!  I know that would be a lot of work......but it would be helpful.
Title: RE: CRIMINAL ... not civil ... in ALL states
Post by: Davy on Aug 20, 2004, 07:42:48 PM
Mixed and all.

Sorry I did not recheck our site for a permanent folder.  As I recall I did furnish   Sparc Admin.  a document referencing all states and other info. and asked to consider a permanent reference.  Sparc Admin. graciously obliged and greatly enhanced  what they were given with more detail BY STATE in a table format.  Hope it is still there !!!

In my opinon, those attempting to implement these statues should not accept a "We do not enforce that statue" ... from my recollection...elected representatives make / pass laws while State Attorneys and law enforcement ENFORCE the criminal laws.  We are pissing our culture away as long as dual standards exist.
Title: It's you must have done this already
Post by: MixedBag on Aug 21, 2004, 06:22:40 AM
It takes me a minute to find stuff with all the different search buttons, but I found it this morning under the Articles Archives.

Then searched on criminal.

I'll be keeping the references for the states we deal with handy....
Title: RE: CRIMINAL ... not civil ... in ALL states
Post by: ILstepmom on Aug 21, 2004, 08:22:06 AM
Thanks Davy for posting the info on the visitation interference statute.  

I totally agree with you, it needs to be enforced.  But I will tell you based on recent experience that the police don't want to be involved.  They absolutely abdicate their responsibility in the county where the stepkids live -- as a result this empowers the woman.  The State's Atty told the police "there isn't enough evidence."  And the stepmom is presenting our pursuing her for citation under the statute as "harassment".  According to the State's atty and the police the statute doesn't cover if the children refuse.  That's a load of crap.

I've thought about finding the group who wrote the statute, to see what their intention was.  And to see how they can help.  But so far I've been unable to track down the authors of the statute.

So....when the judge won't issue a contempt order (a different county) and the local police (another county) won't enforce it, what do you do?

We are going back to court, and asking for another contempt citation.  I'm not terribly hopeful.  I know we can ask for recusal, but I'm not sure that'll do anything either, except give us another judge who is equally rigid.  But I guess it's something.

Unfortunately, the ex has been very successful at painting a certain picture -- innuendo, not fact.  I have complete contempt for the family law system at this point.  
Title: RE: CRIMINAL ... not civil ... in ALL states
Post by: onedaddy on Aug 21, 2004, 09:00:55 AM
Please, keep us posted!
My husband's ex currently has 2 contempt orders against her and a new one pending for numerous interferences, set for 9/27 .  The contempt orders have been useless, she was ordered to pay attorney fees for the first and no repercussions for the second.  The courts have done nothing but hand over a piece of paper stating she is in contempt, other than have my husband install a phone line, when that didn't work he had to buy an answering machine, when that didn't work.....  When she continues to not oblige with the orders the police say, "so, go back to court", yet the same police will allow her to walk in, say she was threatened by husband and they immediately arrest him, after 5 months the judge reenders her a liar but says"there's no punishment".  There is no incentive to make her stop. Oui Vey!