Found guilty 8 counts of 166 PC (4); violating a court order, not giving court ordered visitations, in Civil Court (Family Law).

Asked over 1 year ago - San Jose, CA

I've been found guilty in contempt from family court on 166 PC (4) on 8 counts. I took my child out of the state and he served me with contempt charges, went through a trial and was found guilty on 8 counts. My sentence is one year probation. My question is what do I do now? How will this affect me and my future? I have temporary physical and legal custody of our child will I lose it? My attorney told me I could go and now this what should I do? Should I just give up and accept he won? What do I do now? Is there an attorney that can help me I am on my third attorney looking for another one. How will it look inn court if I am on my fourth attorney and he still has his original attorney?

Attorney answers (3)

  1. David Alexander Yomtov

    Pro

    Contributor Level 16

    4

    Lawyers agree

    Answered . a) My question is what do I do now? How will this affect me and my future?

    This is a very broad question!

    b) I have temporary physical and legal custody of our child will I lose it?

    This depends upon what the judge feels is in the child's best interest. If your trip is deemed wrongful interference with the dad's custodial time, with the intent to interfere with his relationship with the child, then the judge could feel that you should not have custody. On the other hand, if the reasons that you have temporary custody are still valid and are strong enough, then this may carry some weight.

    The bottom line is that you need to discuss this with your attorney.

    c) My attorney told me I could go and now this what should I do?

    I'm not even going to touch this one, other than to say "talk to your lawyer."

    d) Should I just give up and accept he won?

    This is not a game or a war, where there are winners and losers. This is a disagreement about how best to raise your child. Always keep that in the forefront of your mind, lest you start focusing on unhealthy distractions (such as "he's winning!")

    e) What do I do now?

    Talk to your lawyer.

    f) Is there an attorney that can help me I am on my third attorney looking for another one. How will it look inn court if I am on my fourth attorney and he still has his original attorney?

    There are many good attorneys in the area. Will they want to take your case? That depends entirely upon them.

    Will the court look at you unkindly for changing lawyers several times? They shouldn't, it happens often enough. It may affect your reception by potential attorneys, however.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. John Henry Perrott

    Contributor Level 12

    3

    Lawyers agree

    Answered . Before any good attorney could pose a coherent answer to your questions they would need to sit down with you and spend some time digging through what happened to try and see what argument(s) you can make after the Court has already ruled. You have not, for instance, stated how long ago you were found guilty, and if there were anything unusual/unfair about the trial you might want to appeal.

    Before those findings the standard the Family Court Judge was using to determine which Order(s) to make was generally the "best interests of the minor child". The rule will remain the same. If, after you look your Family Court Judge in the eye you think you need something to bolster your credibility in the future you may want to consider taking, completing, and filing the certificate(s) of completion for some courses approved by Family Court Services, like Co-Parenting, Parallel Parenting, etc. With your ex going after you for Contempt it seems that you and your ex do NOT work well together.

    As stated above -- I have NOT actually stated any legal opinion, because I need to know more before I can start to... more
  3. Stephen Ross Cohen

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I agree with both of the above attorneys, if you can afford it you should get a transcript of all the hearings for a new attorney to view. Oviously 3 losses puts you in a hole-

    My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced... more

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