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Preparing for son's hearings

Started by dipper, Jan 15, 2007, 12:41:05 PM

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dipper

Soc,

We are in VA.  Son is 15 and on probation.  He has a hearing this week to hopefully dismiss charges.  He has gotten into some trouble at school, nothing big.  School principal wrote a very nice letter on his behalf to court.  Our concerns revolve around payment of restitution and the accusations bm made to probation officers concerning community service and curfew.  

PO in ordering county never contacted us, but she did contact PO in our county.  Evidently, bm notified her with her concerns.  PO here allowed community service to stand as there was no proof of bm's accusations.   Statements about curfew were unfounded as well.

BM has been adamant about me paying her lawyer for representing son.  I had refused because at the time this began, he was representing bm in the custody battle and son in criminal matters, and he also represented a party in a lawsuit matter against my son's interest.  BM has repeatedly lied to me about her own payments to lawyer.  Her last correspondence regarding this matter stated that if I were not going to pay half on the lawyer's fee, she would not pay any restitution.  

She is the one who signed for the school laptop that was damaged.  she had custody at the time and paid for insurance, which did not cover vandalism.  I am willing to pay half on the laptop, but not the total amount as I would not have allowed him to get one.

BM is also actively working against son in his lawsuit.  My only concern ws having medical bills paid, but she intervened when I sent letters to the families and had them to ignore me completely.  I had to seek an attorney and the rest is history.....She has been very verbal in accusing me of being money-grubbing, made son write a lie to be used against him, and made a big show the last time we went to depositions.  Arbitration is to be held soon regardin this matter.

If mother has not paid her half of restitution, can I present the fact to the court that she signed for this laptop saying she would take responsibility and have them order her specifically for the rest?

If not, and I have to pay in order to keep my driver's license.....can I seek a civil lawsuit to have her ordered to repay on those grounds?


If bm begins to make accusations during hearing regarding probation, how do I protect my son's legal rights  (for ex:  brings up accusations concerning games)?


If BM makes another scene during arbitration, can I or son request that attorney have her removed from building even though she has joint legal?



socrateaser

>If mother has not paid her half of restitution, can I present
>the fact to the court that she signed for this laptop saying
>she would take responsibility and have them order her
>specifically for the rest?

Your liability is determined by VA statute and/or the criminal/juvenile court. You may or may not be jointly and severably liable for restitution.

It's almost a certainty that both parents will be held jointly and severally liable for restitution, including the cost of the attorney.

Ask the court to order your ex to contribute one half of the costs. That's where this will all end up.

>
>If not, and I have to pay in order to keep my driver's
>license.....can I seek a civil lawsuit to have her ordered to
>repay on those grounds?

See above.

>If bm begins to make accusations during hearing regarding
>probation, how do I protect my son's legal rights  (for ex:
>brings up accusations concerning games)?

Object on grounds that the games she is alleging were damaged are the property of her new boyfriend, and that she has no standing to start an action.

>If BM makes another scene during arbitration, can I or son
>request that attorney have her removed from building even
>though she has joint legal?

No. You can ask the arbitrator to continue the matter if your ex cannot control herself -- or dismiss the matter and leave it to the court, on grounds that no resolution can be had while the other party is unable to control herself emotionally.