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My ex husband has filed 36 counts of contempt on me in middle of child custody case where he is trying for sole custody.

Ladera Ranch, CA |

I got a public defender and she got the case moved to the criminal courts so we can have a jury trial. She said she doesnt think I will be found guilty that the charges are ridiculous. But at the same time there is not gaurentee in a jury or court. Now the PD called me said father wants me to plea guilty to a few charges and then do community service and call it a day instead of going through a full trial. I dont think I did anything wrong and I dont want a record at the same time Father is currently violating his own court orders!!! I want this to end I want peace but I dont want a record for what I didnt do but I dont want to be found guilty either and face worse penalities. I am thinking father doesnt think he can win and doesnt want to spend the money going to trial.

I dont know what to do.....even though I did nothing wrong I am not a risk taker....by pleading guilty I do community service and end this....but then what about fathers current violations I want to file on him its only fair!!! He chose eye doctors without my consent, he put our child on Concerta a dangerous ADD drug and didnt tell me ...he is accusing me of taking our son to lunch during school 18 times last year.....which he knew about!!! Big difference......a part of me wants to just end it and move on just to focus on my son but knowing I didnt nothing wrong and having a record now is crazy, I get upset having a speeding ticket on my record so can you imagine this!!! What do I do what are the long term affects I need to find work I cant have a criminal record now!!! Isnt this a moral or ethical issue? I am a professional ethics are part of my job and background reports are always requested for my field of work.. And then what about his own violations this cant be a one way street. I dont know what to do

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Attorney answers 3

Posted

Contempt is a serious matter. Sometimes the cases are pretty close to a slam dunk and sometimes they are far from it. It will all depend on the facts of your case. First time offenders generally get probation. If he has a good case then try to negotiate a settlement for dismissal of the case.

This is not a comprehensive answer. Call us for more information. 619.797.5456 www.mataelelaw.com

Asker

Posted

He doesnt have a good case.....at least I think for example he wants to have me in contempt for not taking my child his football practice.....it does say in court order that if either parent cant take him then we call the other parent and have the other parent take him....well the child didnt want to go, and on top of that the court order states he must consult with the other parent to decide what sport we will put the child in...he didnt do that but I was still taking our child to the games but the child who is 10 said he didnt want to play.....so I was willing to take him but the child doesnt want to go and nothing in court order about what the child wants to doesnt want so I really didnt think I was doing anything wrong I even texted message the father telling him ahead of time the childs wishes ....and this was 3 months prior to him filing contempt but after I filed a TRO on him for stalking me after I moved. Its a revenge thing. I try to protect myself he tries to punish me

Asker

Posted

I told the public defender that the only deal I will agree to is I would agree to not file my own charges on the current court order violations he is doing in exchange for him dropping his current ones and we call it a wash, get a court mediator or something assigned to our case to work with us for future confusing or questionable issues and we go forward.

Posted

You really should be talking this over with your attorney. If you feel uncomfortable with your attorney, you might want to hire a private attorney with alot of experience. Sit down with your attorney and have them answer the questions you have. Remember too many cooks spoil the pot.

Any answer to questions is not meant to be con screwed as legal advise and no attorney client relationship has formed. In order for an attorney to give legal advise, The attorney would need to have an opportunity to ask specific questions from a full and complete disclosure of the underlying facts involved in the question asked.

Asker

Posted

Thanks for the feedback please respect I like to educate myself and if I could afford a private attorney trust me I would.

Posted

The public defender is likely to plead you out. They have tons of cases to defend, and that is the only way they can keep from piling even worse. They do a good job with the resources you have, but if you want more than they can provide, you will need to hire a private attorney.
In your case, you will need to speak to a few attorneys who offer free consultations. A good family law attorney may be able to help you and your ex move on in the grief process (divorce is like a death) from your own anger to focus working to raise your children to be happy , healthy, and not worried about mom or dad going to jail.

Since legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent legal counsel.

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