how to win a show cause hearing

Here are five tips to follow when filing for a Rule to Show Cause in your family law (divorce, custody, support, etc.) Witnesses will be called and any evidence that can show non-compliance of the defendant will be presented to the court. Your wife is violating the court order, including the terms of child visitation. Chesapeake • Things were fine until summer, and then all of a sudden your ex-wife kept making excuses why your own children were not available for your scheduled visitation times. The evidence will be presented to the judge and each side will have an opportunity to explain the situation. At a show-cause hearing, the complaining party must produce evidence demonstrating “probable cause” that the defendant committed the crime. We're the only family law firm in Virginia exclusively focusing on men's rights in complex legal conflicts such as divorce, custody, and military-related issues. Arrive early to the show-cause hearing. Find the original court order and confirm (and have your attorney confirm) that your ex-wife is really violating the order. A Show Cause hearing looks like a trial, but it does not have to be a stressful experience. Suffolk • The hearing has three possible outcomes: 1) the complaint is dismissed, 2) the complaint is issued, or 3) the complaint is continued. Judges are predisposed to view contemnors with … uh … contempt … so you already have an advantage. Your wife cannot ignore the details of the ruling. We are proud of the success our clients have achieved. © 2020 The Firm for Men All rights reserved. How Much Do You Have to Owe in Child Support to Go to Jail? We at The Firm For Men are always willing to fight the good fight. Norfolk • Please do not include the country code (1) with your phone number. They are not following up with your ex-wife to ensure she is complying with their orders. That is harder than you can imagine. You divorced your wife in Virginia some time ago. This website uses cookies to improve your experience while you navigate through the website. Bring a copy of your summons to court with you. The first thing the judge will do will be to swear in the witnesses (anyone who will be testifying in court). Efficiency is always appreciated. If she does, she is in contempt of court, and judges do not appreciate such contempt. As the Lynchburg Juvenile and Domestic Relations District Court explains, “when a Motion to Show Cause for Contempt of Court is filed for an alleged violation of a court order concerning child custody, visitation or support, the contempt may either be charged as civil or criminal contempt.”. We would advise against using your children as pawns against your ex-wife. Show Cause hearings are very evidentiary based. Your attorney can petition the Virginia court for a Rule to Show Cause. What can you do? Located in Virginia Beach, Serving Hampton Roads, The Father’s Essential Guide to Child Support in Virginia, Virginia Military Retirement Divorce Calculator, My Ex Was Supposed to Refinance Our House, but She…, Visitation Denial: What to Do When Your Ex Won't…, Will the Police Enforce a Child Custody Agreement in…. The Order to Show Cause form requires the identities of all parties to the case, the case number, and the court in which the matter has been filed. ©2020 Smith Strong, PLC, All Rights Reserved, Reproduced with Permission, The Ultimate Guide to Divorce and Custody in Virginia: Quickly Get Back to Fully Living Your Life, Wife Argues that Virginia Court Erred in Establishing Contempt Order. Most Virginia judges do not view family relations court orders as fodder for jail time. A closing statement is an opportunity to summarize the case for the judge and to make a final argument as to why the judge should rule in your favor. For realistic, helpful legal advice, contact us at The Firm For Men or call us at 757-383-9184. He will then ask for opening statements. You two, and your attorneys, worked out a visitation schedule so you got to see little Paulie and Peggy Sue every other weekend. In other words, they have to provide a reason — show cause — why they ignored a court order. If the complaining party fails to show probable cause, the complaint will be dismissed. We meet as an entire firm three times each week on every client matter, and consistently update you as we achieve your goals for the representation. If your attorney brings charges of civil contempt of court against your ex-wife, your attorney is saying she violated a court order under Code of Virginia § 16.1-292 and can be incarcerated “in a jail, workhouse, city farm or work squad.” We especially love the Dickensian part about a workhouse — workhouses no longer exist in the Commonwealth. The Rule to Show Cause, or a show cause hearing is meant to force someone to present themselves before a judge to explain why they should not be held in contempt of court. If the other side has not complied with the order, they will be found guilty. Submit it below and we may write a post about it. Your lawyer will tailor the allegations of contempt very carefully to address exactly what the judge’s court order stated. A show-cause hearing is a demand by the court – usually at the behest of your ex – that you appear before a judge and explain certain actions you've taken in regard to a family court order. Virginia Beach • Attorney Van Smith will review your situation. You also have the option to opt-out of these cookies. The OSC form must be accompanied by an “Affidavit in Support of Order to Show Cause.” This is the plaintiff’s opportunity to explain to the judge what has or hasn’t happened since the order was put in place. In the case of child support, you might have to explain actions you haven't taken, such as making required support payments. The filing should not be made out of a sense of vengeance; if you truly want the Virginia judge on your side, do not waste the court’s time. The plaintiff’s attorney will ask questions of the plaintiff and any witnesses they have brought. The cost of hiring a lawyer to defend yourself at the show-cause hearing is 10%-20% of the cost of hiring a lawyer to defend you at trial if the complaint issues, and most lawyers will credit what you paid for the show-cause towards your fees for the criminal case, if you lose. Necessary cookies are absolutely essential for the website to function properly. We would rather work with you to prevent such a showdown with a show cause hearing. This makes hiring a lawyer for the show-cause a very good investment. You are frustrated, angry, and annoyed. The Rule to Show Cause and the petition with the detailed charges are served to your ex-wife or her attorney. If the other side has not complied with the order, they will be found guilty. "Smith | Strong, PLC" and "Legal Strength" are registered trademarks with the USPTO. But opting out of some of these cookies may affect your browsing experience. Do I Have to Show for an Out of State Court Hearing? If you have your evidence and exhibits clearly labeled and organized, you can present them to the judge quickly and efficiently. A Show Cause hearing looks like a trial, but it does not have to be a stressful experience. On our friends’ recommendation we asked the “Law Office of William R. F. Conners, P.C” to take up our personal injury suit, and through all the … In a Show Cause hearing, organization is key. Judges, though, do not keep an eye on every case that wended its way through their docket. When a juvenile and domestic relations district court, or a Virginia circuit court, issues an order that is a court order and automatically comes with rules of enforcement. If your attorney files to press a petition for Rule to Show Cause as criminal contempt, the penalties are 10 days’ jail time under Code of Virginia §18.2-456 or up to a year under §16.1-278.16 (failure to comply with support payments). We also use third-party cookies that help us analyze and understand how you use this website. If your attorney files to press a petition for Rule to Show Cause as criminal contempt, the penalties are 10 days’ jail time under Code of Virginia §18.2-456 or up to a year under §16.1-278.16 (failure to comply with support payments). But, buddy, this is one fight we would rather not take on. Your ex-wife, in showing contempt for the court, risks a very dangerous game. Just as the plaintiff presented their case to the court, the defendant will have an opportunity to do the same. Your ex, though, could still be jailed for up to a year. After each witness testifies, the defendant’s attorney will be allowed to ask his or her own questions. Make sure to leave time to get stuck in traffic (or delayed on the T), have trouble parking, and get held up at security and still be early. Judges are extremely busy and have many cases on their dockets. They are less than thrilled when a case comes back in front of them because someone hasn’t been following the rules. Only move ahead if your attorney feels you have a strong case. By continuing to browse the site you are agreeing to our use of cookies. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. What, though, if you are on the receiving end of a Rule to Show Cause?