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Does any one know......

Started by Stepmom0418, Sep 07, 2004, 06:37:29 PM

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Stepmom0418

The process when someone files a contempt?

Contempt issues are denial of visitation. Transportation. Not providing info about school, medical, and dental. (all of these are on numerous occasions) We have alot of solid evidence such as voice messages, emails, police reports and ect for the evidence to prove BM was in contempt on all of the occasions.

We are in iowa if that makes a diffrence and in the middle of a nasty custody battle.

Any advise of someone who has gone through this please reply!

MixedBag

Well, if it's Iowa, then Kitty should be able to help.

I did it on my own against my EX and basically drew up a "Motion to Show Cause" and then followed the format from the divorce decree.

My EX filed against me and the court clerk had a form he filled out.

So maybe your place has the same?

(BTW -- I had similar evidence and so did DH.  It's not as easy as it sounds or looks to get evidence into the record.  You specifically mention a police report, for example, DH has one too where his EX told the police officer she was gonna hurt the children -- but his attorney couldn't get it accepted by the court.  If I remember correctly, the police officer needed to be present to testify as to the contents of the report.  So it's "stuff" like that that will hold you back.  Stuff that you consider evidence -- but due to the rules of evidence etc, it won't  help you unless you are a skilled attorney who knows how to bring it in.)


Stepmom0418

DH does have an attorney so I really dont think getting evidence brought in will be much of a problem.

The officers involved will come if we supenea (sp) them, and I am sure we will be doing that.

We also have certified letters and other documents to show that she willingly violated the court order on numerous ocasions.

Thanks for your reply and I am in hopes to hear from Kitty because she has given us alot of information so far.

Peanutsdad

It sounds as if you already have a handle on whats happening and how it happens. ;)

Stepmom0418

You are right to a point I do know but there is part of me that just isnt sure.

Such as

When the contempt hearing happens does DH need to be there? I am assuming yes but not sure.

When the contempt hearing happens do we present our evidence then or before the hearing? Can the other side object to what we have for evidence? (certified letters with return reciept, voice messages, police complaints, reciepts, phone bills, my testomony, Dh testimony, ect.)

Who goes first us with our evidence or BM with hers?

How hard is the above evidence going to be to get entered?

Also what is the likely out come of filing 19+ contempts at one time? A slap on the hand and the judge says you follow the order?

The actual hearing is what has me confused!! (LOL) I know alot of people here have dealt with this and I hope to get some idea of what to expect!! Thanks all!