I believe that the judge is the one that will rule on the contempt charges and since the judge has already supported that you did not have to release the name, I would think this is a waste of time. I don’t believe that a different judge would hear the case. Based on having joint custody, the name of a housemate is not really relevent…
I went to court in the county I reside in for the DVPO. The joint custody order is in the county I had resided in at the time of separation. They are claiming contempt of court of the joint custody order in the original county.
I suggest contacting that county and inquiring about these charges. I would think that if they are legitimate the court would have notified you…
I called and nothing has been filed as of yet… he could be just trying to scare me or he really is going to do it.
I’m sticking to my guns on this and riding it out. My grandmother will come to NC to testify if need be that he has stated he already knows the info he just wants to make me say it.
It is a control thing for him and I am tired of giving him control over my life. This is much more than well-being of our child… this is him trying to exert control and vindictive behavior to hurt me in guise of the well-being of our child.
The almost 1 hour of berating by his atty and the nature of the questions asked made it crystal clear what he is trying to do.
If something is filed, you have to receive notice of it. They can’t just slap something on you without you knowing about it. Sounds like if he is a control freak, then he IS trying to scare you. I can’t believe a lawyer would use those tactics too. It’s probably just eating your ex up inside and he’s taking it out on you.
Stick to your guns and don’t worry unless you have a legal reason to worry. Don’t feed his control by acting like it’s bothering you. As long as YOU are doing everything legal, he has no leg to stand on.
Yes this does sound like a scare tactic. If one judge told his attorney that the information did not have to be given then it is doubtful the judge on the original order would force that information or site you with contempt for it.
You should contact the clerks office and see about getting a copy of the transcript for this hearing. You can use this if his attorney does file anything else. Hang in there…eventually he will run out of ammo.
Thank you, stepmother… I am already working the issue of trying to get the transcript.
Everything will work out in the end, I keep telling myself that. I have to make this stand though. Even though he had everyone to scared to get involeved anymore than they were or testify for the DVPO I made a point to him by pushing it and allowing myself to be verbally battered in court… I’m not putting up with it anymore. It was a baby step for me but a huge shove backwards for him.
The judge in DV court cannot override the custody order that is still in place. If your ex’s attorney moves to hold you in contempt you can explain the situation to that judge and see what they say.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
I just returned from my show cause for the DVPO. My STBX came with an attorney, I did not. His atty made a motion for me to pay his atty costs. The judge said no. That he denied the DVPO only based on evidentary issues… he made it clear if I had more evidence (the witnesses that would have made my hearsay not hearsay) then things would have been different. The judge made it clear that he believed me but he was forced to rule the way he did.
My STBX’s atty tried to get me to release the name of my housemate in court more than 4 times, and the judge continued to support me in the fact that I did not have to release his name. His atty made it clear that he will put contempt of court charges for not giving my housemates name due to the joint custody order and me having to let my STBX know about our son’s well-being. I notified him of our new address around 11 Aug and the move was completed a few days before, but started at the end of July.
What I be able to use these proceedings to help me if that happens?