Contempt of court for following DFCS orders

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Latest post 01-05-2012 10:22 PM by Ford. 16 replies.
  • 01-03-2012 6:35 PM

    • cpollett
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    Contempt of court for following DFCS orders

    Hi, I am new to thcommunity and have a question. I hope this the correct forum to post a dilema. I have been served with contempt of court because I followed orders given by DFCS. If anyone has experience in this area comment and I will give a more detailed explanation. Thanks

  • 01-03-2012 6:41 PM In reply to

    Re: Contempt of court for following DFCS orders

    I wouldn't wait for someone to put up their hand in this regard before asking the question.  Suffice to say that a court order isn't something I'd disregard just because some children and family services person told me to do or not do X (and your post is awfully short on any relevant context).

  • 01-03-2012 6:43 PM In reply to

    Re: Contempt of court for following DFCS orders

    Are you withholding visits? DCFS does not have the authority to tell you to do that. All you can do is show the court your paperwork and possible ask for supervised visits.

  • 01-03-2012 6:46 PM In reply to

    Re: Contempt of court for following DFCS orders

    cpollett:

    Hi, I am new to thcommunity and have a question. I hope this the correct forum to post a dilema. I have been served with contempt of court because I followed orders given by DFCS. If anyone has experience in this area comment and I will give a more detailed explanation. Thanks

    This is the right place.

    If you quote exactly what your papers say (no names) we might be better able to assist you.

    Generally, though, what you might have been served is called an Order to Show Cause Why You Shouldn't Be Found in Contempt.

    That gives you an opportunity to respond to the complaint either by filing a written response by a deadline date or appearing in person at an appointed time.

    Hopefully, the orders from DFCS were in writing so you can submit them to or bring them to court. If they weren't in writing, it would help if you can get something in writing from DFCS or get someone from DFCS to testify.

    Would also help to know what DFCS "ordered" you to do or not do.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 01-03-2012 6:59 PM In reply to

    • cpollett
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    Re: Contempt of court for following DFCS orders

    Ok here goes. DFCS did give me paperwork stating " >>>> will protect her children and not allow x and x to visit their father until otherwise notified". The contempt order I was served  is an " attachment for contempt"

  • 01-03-2012 7:15 PM In reply to

    Re: Contempt of court for following DFCS orders

    cpollett:

    Ok here goes. DFCS did give me paperwork stating " >>>> will protect her children and not allow x and x to visit their father until otherwise notified".

    That's a little vague but, at least you have paperwork.

    cpollett:
    The contempt order I was served  is an " attachment for contempt"

    If it looks anywhere near like the following document, it's giving you the opportunity to file a response (and do it ASAP) saying why you shouldn't be found in contempt and request that the attachment be denied.

    http://forms.justia.com/georgia/local-county/bibb/magistrate-court/contempt-plaintiffs-demand-for-attachment-for-18444.html

    You would be wise to consult an attorney and get the response done properly as it can have quite serious consequences if you get it wrong.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 01-03-2012 7:22 PM In reply to

    • cpollett
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    Re: Contempt of court for following DFCS orders

    I would like to add that it was only for 4 days

  • 01-03-2012 7:23 PM In reply to

    • cpollett
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    Re: Contempt of court for following DFCS orders

    That link doesnt work for me.....

  • 01-03-2012 7:32 PM In reply to

    Re: Contempt of court for following DFCS orders

    This is the form that's in that link. Does it look like the papers you were served?

     

    IN THE MAGISTRATE COURT OF BIBB COUNTY

    STATE OF GEORGIA

    _________________________________

    PLAINTIFF(S)

    VS.

    CIVIL ACTION NO. _____________S

    _________________________________

    DEFENDANT(S)

    CONTEMPT

    Comes now the plaintiff(s) and brings this, its' complaint against the

    defendant(s) and respectfully shows to this Court the following facts:

    1.

    That on the _______ day of ____________, _________, an Order was issued

    by the Honorable ___________________________________, Judge, Magistrate

    Court, directing the defendant(s) to file with the Magistrate Court of Bibb

    County and to serve upon the plaintiff(s) answers to the post-judgment

    interrogatories propounded by the plaintiff(s).

    2.

    That subsequent to this order, the defendant(s) has violated the Court

    Order by failing to file with the Magistrate Court of Bibb County and by

    failing to serve upon the plaintiff(s) the answers to plaintiff's post

    judgment interrogatories propounded to the defendant(s) in accordance

    with said order.

    3.

    WHEREFORE, plaintiff demands that an attachment for contempt

    issue against the said _____________________________________, requiring that

    cause be shown why the Order of this Court has not been complied with

    and in default of just and proper cause, why defendant(s) should not be

    adjudged in CONTEMPT; that the plaintiff(s) have this and such other

    and further relief as this Court deems just.

    ______________________________

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 01-03-2012 7:36 PM In reply to

    • cpollett
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    Re: Contempt of court for following DFCS orders

    Very similar....but do not have the option to respond...only a courtdate

  • 01-03-2012 7:37 PM In reply to

    • cpollett
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    Re: Contempt of court for following DFCS orders

    And thank you for posting that so I could read it...I appreciate it.

  • 01-03-2012 7:53 PM In reply to

    Re: Contempt of court for following DFCS orders

    cpollett:

    Very similar....but do not have the option to respond...only a courtdate

    Then I suggest you prepare a comprehensive written response covering all the bases and attach your documentation. Prepare three sets, one for the judge (he'll appreciate it), one for your opponent, and one to keep.

    You can speak to the issues while the judge has all the information in front of him.

    Again, you would be wise to have the assistance of an attorney, at least in preparing your presentation in the proper format.

    It would also be a good idea for the person at DFCS (who signed the order to withhold visitation) to come to court with you and explain why. I suggest you ask that person ASAP. Depending on the response you might have to serve a subpoena on that person.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 01-03-2012 7:58 PM In reply to

    • cpollett
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    Re: Contempt of court for following DFCS orders

    I am going to contact a few attorneys in the morning..I fully plan to supeona (spelling?).....the DFCS agent!

  • 01-03-2012 9:38 PM In reply to

    Re: Contempt of court for following DFCS orders

    "Subpoena" - the plural is subpoenae (latin) but common usage is subpoenas.

    The following is from the Fulton Cy website as an example of how it works:

    • Subpoena
    • In order to make witnesses appear in court, you will need to have the witnesses served with a subpoena with mileage and a per diem cost. A subpoena is a court order that tells the witness that he must come to court. Ask the court clerk to issue subpoenas for your witnesses several days before your trial. The clerk can explain how much it will cost. You will need to give the clerk the names and addresses of the witnesses you want to appear in court. You should subpoena your witnesses even if they have agreed to come to court without a subpoena. The reason is because if your witness has an emergency at the last minute and can't come, you can ask the judge to reschedule the trial so that he or she can hear that witness testify. If you have not subpoenaed that witness, the judge will make you go forward with the trial, and will decide the case without your witness. If your witnesses are expert witnesses such as doctors, psychologists, psychiatrists or accountants, then you will need to pay them for their time in advance.

    http://famdiv.fultoncourt.org/index.php?option=com_content&task=view&id=26&Itemid=69

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 01-04-2012 10:12 PM In reply to

    Re: Contempt of court for following DFCS orders

    DFCS normally doesn't have any actual authority over a parent unless there are court proceedings in place.  Short of that, what DFCS normally does is threaten to pursue legal action, to coerce parents to do what they want.

    DFCS would have authority to order you not to allow visitation if a court proceeding was in place.  And then it would usually be either of two situations:

    1. The COURT orders you not to allow visitation, which is basicaly a modification of the visitation, therefore you cannot be held in contempt.  OR

    2. DFCS has custody of the children and puts limitations on your contact.  Because DFCS has custody of the children, you aren't engaged in any violation of the court order because you cannot give visitation that you do not have.

    My guess is that you have been hosed by DFCS, which is fairly common.  They care about protecting the children.  They do NOT care about protecting your rights.

    I didn't catch the rest of the threads, but WHY did they tell you not to let these kids see their Dad?

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