This is the next post in my series on the potential consequences of not following Court orders in Las Vegas, Nevada child custody cases. My last article discussed conduct which can lead to a contempt of court finding. Many make the mistake of thinking that child-related issues are a “private matter” between two parents. Violating a custody arrangement, however, means that you are running afoul of mandates which have been dictated by a judge. This can result in jail time and financial penalties. If you have been accused of violating a court order it is, therefore, crucial that you speak with an attorney immediately. This article will build upon my prior post by discussing how to possibly defend against a contempt allegation. If you need assistance then contact my office to speak with a lawyer.
Las Vegas parents may defend against contempt allegations by showing that the allegations are inaccurate
It is possible to defend against contempt allegations by showing that the opposing parent’s claims are either false or being taken out of context. For obvious reasons, it is not uncommon for a parent to be eager to have their counterpart held in contempt. As a result, the accusing party may fabricate claims or present facts in a manner which makes the situation look worse than it is. While the Court may be initially concerned upon reading the accusing party’s Motion, such concerns can be alleviated by presenting evidence of the full story. When such evidence is presented, the Court may be unlikely to even set a Show Cause hearing. If a hearing is set, then the evidence may be presented at the hearing.
The foregoing concepts are best explained by way of example. Suppose Jack files a contempt request claiming that Jill is regularly denying him his time with the child. He provides text messages and emails he has sent to Jill, demanding that he receive his visitation. While on its face this may appear to be a basis for a contempt finding, Jill is able to present evidence in her response. Jill’s evidence establishes that Jack never shows up on time to pick up the child and Jill then has to leave for work, and drop the child off at her sister’s residence. Jack not receiving his visitation is, therefore, due to his inability to pick the child up at the designated time. While how the Court will rule at any given time is going to depend on the facts of the case, this simplified example would likely result in no contempt finding against Jill.
Contact a Las Vegas family law attorney if you are being accused of violating a Court Order
If you are being accused of violating an order of the Family Court then it is important that you speak with a lawyer immediately. The Judge will take such allegations very seriously and if you do not present evidence in your favor then the chances of you being held in contempt increase. In addition to the potential for incarceration, a contempt finding can result in the Judge awarding a greater share of custody to the other parent. Experienced counsel will listen to your side of the story and work to identify evidence which can be presented to the Court on your behalf.
I am a Las Vegas family law attorney who devotes her practice to the handling of domestic relations cases. I understand that this is an important time in your life and my office will give your case the attention it deserves. This includes promptly responding to your emails and quickly returning phone calls. Contact us online or by telephone today to schedule an initial consultation.