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I was held in contempt of a court order in the Superior court, and now there are civil charges too. Is this double jeopardy?

Tucson, AZ |

I was court ordered to give grandparents of my children visits. I with held visits, and did not follow up with the court on why I was doing so. The other party filed local charges, but I was held in contempt in Cochise County. I now face civil charges of failure to comply with a court order in Pima County where I live. The judge in Cochise County told them to drop charges and they didn't instead they asked for jail time. I have no prior history of criminal charges. Can I be charged in Pima County? Do I need to take this back to court?

Attorney Answers 2

Posted

It's very difficult to give a good answer because I don't know if you have been charged with a crime. If all of the proceedings are civil, then there is no jeopardy. The prohibition against double jeopardy only applies to criminal proceedings.

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Posted

I have been charged criminally in the justice court in Pima County, so your answer is helpful.

Posted

Assuming these are both civil contempt cases, there is no double jeopardy issue. However, there is a jurisdiction and res judicata issue. Two courts cannot simultaneously hold you in contempt for violating the same order. The court that issued the order should handle it.

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