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if i get fined for contempt, whats the usual fine? i read somewhere its like $100... its alabama court

2006-08-28 12:03:02 · 4 answers · asked by tonysdoll815 2 in Politics & Government Law & Ethics

http://answers.yahoo.com/question/index;_ylt=At.wVScqqS5sD38BK9O1c3Tsy6IX?qid=20060827154916AAC8Lar

2006-08-28 13:29:56 · update #1

^ theres somewhat of the explanation. i read something that said there might be a contempt charge, thats why i'm asking.

2006-08-28 13:31:18 · update #2

4 answers

Ok, here's the deal on contempt of court.

Contempt of Court is a power of the court to enforce its orders. IN this case, your ex has filed a petition regarding your interference with custody, and your failure to follow the law regarding notification of a move with the children.

The notice you received, among other things, asks the court to hold you in contempt.

The power of contempt is NOT limited to $100. The Court has the power to take any action necessary to ensure your compliance with the law. It can also levy a penalty if it finds (after a hearing) that you have willfully violated its orders.

Now, there are two kinds of contempt. Criminal contempt is a violation of a court order outside the presence of the court. It is where you are to be punished for your willful violation of the court's orders. Because you can be put in jail, all of the rights of a defendant in a criminal case (including the right to counsel) attach.

The second kind of contempt involves an in-court violation of a court order or rule. For example, when you yell at the judge, or refuse to answer questions, you can be held in contempt. BUT, the penalty is only enough to cause you to obey the court order.

For example, if you refuse to tell teh judge where the child is, the Court can put you in jail until you "purge" the contempt -- until you tell the court where the child is. You hold the keys to the jail cell.

In most divorce cases, the "contempt" language is form language. The court rarely finds people in contempt or, finds thme in contempt but allows them to purge (fix) the contempt by taking specific action.

So, here's what you do ...

1) get legal help. Do not rely on YAHOO ANSWERS, because the custody and will being of your child is at stake. If anything is worth your hard-earned money, the welfare of your child is worth the money of a good lawyer. And remember, anybody who is not licensed cannot give legal advice (including ME).

2. GO TO COURT when directed. The judge SHOULD listen to you ... but is more likely to listen to your lawyer.

3. DO not panic. Remember, judges are just normal people who don't have a normal job and get to wear a goofy robe. They try to do what's right, particularly where children are involved.

Good luck

2006-08-28 15:27:53 · answer #1 · answered by robert_dod 6 · 1 0

There is large range of possibilities. You could be fined more or less than $100, could be forced to lose your case (if you are a litigant) or even sent to jail. We'd need to know some specifics about your situation before giving you a better sense of what could happen.

2006-08-28 20:09:53 · answer #2 · answered by Spot! 3 · 1 0

There is a range the judge can use in every state, but that range also includes jail time... :O

If your attitude stinks and the judge gets a little peeved, you can spend a week in jail, not pretty!

2006-08-28 19:07:51 · answer #3 · answered by Anonymous · 0 0

It depends on the judge, and how po'd they were with you.

2006-08-28 19:06:55 · answer #4 · answered by Catspaw 6 · 2 0

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