When I violate a court order, its for a good reason, when YOU do so, you go to jail!

Tomorrow I must drive to the Stanley Mosk courthouse so that my client can enter a plea of guilty or not guilty to what I think are three charges of contempt for allegedly violating a temporary order for custody and visitation.

The temporary order was made on an ex parte basis as part of a request by the other side for a temporary restraining order (TRO) based on allegations of domestic violence. In an ex parte proceeding, you usually get only 24 hours notice that the other side is going into court, and even then you don't often receive the paperwork until you show up in court. This arrangement is, of course, extremely unfair, since you cannot even tell what you are responding to prior to showing up at the courthouse.

The law tries to restrict these ex parte proceedings to protective orders based on domestic violence, irrevocable harm, or some other emergency that justifies acting without the proper notice. Moreover, there is usually no court hearing at the time - the judicial officer must make a decision based solely on the paperwork - but at least the order is temporary. Then, several weeks, later, there is a full evidentiary hearing to determine whether the order will remain in place.

In this case, the judge DENIED the request for a temporary order based on allegations of domestic violence , but apparently modified the visitation exchange point. The parties had been primarily exchanging custody of their beautiful baby son at one parent's home, so the judge clearly wanted a public place where everyone would feel safe. Problem is, the Friday visitation exchange usually took place at 11 am while my client is at work. Previously, the nanny handed the child over to the other parent.

Now, my client cannot drive the child the 25 miles to the new exchange point at 11 a.m. every Friday, though client is ready, willing, and able to do so after work. Unfortunately, the other parent wants the child at 11 a.m. Of course, the other parent knows that my client works every Friday.

When my client doesn't show up, other party does the right thing and drives to the normal pickup location at my client's home, and picks up the child from the nanny without incident, as usual. However, the other party then files a contempt of court charges against my client based on the fact that the visitation began at a place other than that specified in the temporary order.

Meanwhile, other party cancels some visitations and starts others a day late the other party has work and vacation obligations. No word yet on whether the other party is going to turn self in for violating the visitation orders.

You've gotta love it. When my client has work obligations, a contempt of court is alleged. When other party has work or vacation, the order is ignored.