While I am waiting for a hearing to show cause, my ex continues to disobey the court ordered PP in anyway she can, and gives no care to the repercussions. I am unable to communicate with my children in any way (phone, visit), as I live two states away. My patients is pretty much out the window as children associate the visit with a parent's love, I don't want my children to think I don't love them. She is dogging the process server, but has admitted in e-mail conversations that she knows about the court date. I'm assuming from looking up on the web. I believe I have a good case for her being found in contempt. My question is with the letter from the process server, would it be better for me if she didn't show up to court, so I will get a summary judgment?
Criminal Defense Attorney
Show cause requires personal service, your ex must be personally served before the hearing can occur. Generally, orders to show cause are issued by a commissioner on the ex parte docket and last for only fourteen days. If you cannot formally serve your ex in time to notify them of the hearing you must appear on the ex parte docket to have the order to show cause renewed until personal service can be perfected. Just because your ex is aware of the court date does not mean service is perfected. Try to have your ex served in non conventional locations including work or yoga class. You cannot obtain a default judgment until your ex has been personally served. I strongly recommend that you seek legal counsel.
Contracts / Agreements Lawyer
You probably mean "default judgment." That would be good obviously. If you won your case with her showing up, that would be even better. If you did not win when she showed up, that would not be good.
Default judgments are easier to challenge later than a judgment on the merits when all parties are present. Good Luck man! Make sure you have a good local attorney to help you!
I HOPE I WAS HELPFUL. Steve Hamer answers questions on Avvo for general information and not as legal advice. Those answers do not establish an attorney/client relationship. If you would like my help, contact Mr. Hamer at (214) 843-1529 for a FREE CONSULTATION.