She filed contempt

[missy]

Ive posted before, Dh is the NCP w/ IN Visitation Guidelines.  BM has denied vistiaton before and is now bad mouthing Dh to the kids. Ive also posted about the issue w/ the dog bite.  We have a police report about the bite being a pinch and that the skin wasnt broken and that BM tried to take the kids during dh's visitation.

Well, currently, Dh allows the kids to visit w/ their Aunts and Grandparents on his visitaiton time, during the 3 hrs that he leaves for work until I pick them up.  And has even allowed them to stay all night w/ their Grandfather (kids all asked if they could).  Well, BM has now filed contempt against dh for allowing the kids to go there vs coming to her house while hes at work.  Dh allowed them to go over there the 1st week of visitation but then there was the altercation and the threats to keep the kids till he got off work and make him drive the 1 hr roundtrip at 10pm to pick them up.

1)Should dh obtain an attorney for this or will this be a simple court matter due to IN guidelines state:  other than a parent or family member, then the care should be offered to the other parent.  It seems pretty black and white and havent yet figured out why an attorney would file based on this.

2)Should he file something countering the contempt?  I heard he should so he could have his say in court too, otherwise he wont get to talk.  Is this true?  

3)Will they only address the contempt issues since that was filed?  Or should we file the support modification, visitation modification and the transportation meeting at a neutral spot separate?

Thanks!!!

[socrateaser]

>1)Should dh obtain an attorney for this or will this be a
>simple court matter due to IN guidelines state:  other than a
>parent or family member, then the care should be offered to
>the other parent.  It seems pretty black and white and havent
>yet figured out why an attorney would file based on this.

Contempt is a serious matter. I can't really advise you without reading the exact words of the filed pleading, and then comparing the charges with the facts that the Plaintiff/Petitioner can likely prove.

Also, if the action is for a civil contempt, then you can be forced to testify, because there is no threat of imprisonment, whereas if the action is for criminal contempt, you can refuse to testify, and the entire burden of proving the charges beyond all reasonable doubt will be born by the other party. This is why the quality of the proof is so important.

>2)Should he file something countering the contempt?  I heard
>he should so he could have his say in court too, otherwise he
>wont get to talk.  Is this true?

There are affirmative defenses to contempt charges, however, until I am certain that you are not being charged with a criminal contempt, my advice would be to not raise any affirmative defense, because to do so, may cause you to inadvertantly waive your constitutional right to refuse to testify at a criminal trial.

This doesn't mean that you can't raise an affirmative defense to the charges -- only that I don't know if you should without reading the pleadings.

>3)Will they only address the contempt issues since that was
>filed?  Or should we file the support modification, visitation
>modification and the transportation meeting at a neutral spot
>separate?

Contempt motions require the court's complete attention. No other issue will be allowed until the contempt is resolved. If you have other issues that you wish to raise by motion, you may certainly file and then ask the clerk to try to schedule all of the issues consecutively on the court calendar, however, you definitely should not attempt to raise these issues in your direct response to the contempt charges.

If you want, you can scan the papers or retype them and send them to me at [email protected]. Depending upon their length and complexity, I may be able to give you an idea of whether this matter can be disposed of easily without an attorney.

However, if you are concerned with your ability to represent yourself in court, and/or you want to ensure that you are not convicted of contempt, then I would definitely retain an attorney now.