I have to show why child's father is in contempt. What should I do to prepare for court? What kind of proof do I need to go before the judge. I have created a timeline that outlines the things that he's done in violation of the order. Can I have witnesses present that can confirm these things as well. Can I use his abusive past in our relationship to show how he has been controlling my visitation with our daughter? I am pro se as I cannot afford an attorney.
In order for the court to find the other parent in contempt, the court must find that the order is in full force and effect and the purpose of the order may still be fulfilled by its enforcement; that he has been able to comply with the order but that he has willfully failed to comply. In court, go through each matter or provision of the order that you contend he has violated. You must show the court through your own testimony and that of your witnesses, and perhaps through the other parent's own testimony, that he has violated the order and he has no just reason for doing so and that you did not provoke the behavior you complain of. If an order to show cause has been issued, then he has the burden of proof to first show the court that he has not violated the order and, if he is able to show that, then you have the burden to prove that he has violated the order. I would concentrate on the specific violations of the Order and not try to delve to much into matters that occurred prior to the entry of the order.
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