Domestic Violence is sometimes linked to family law cases including but not exclusive to divorce, legitimation, and child custody. The Georgia Commission of Family Violence and the Coalition Against Domestic Violence released its 2012 domestic violence homicide report. Attorney Tiffany Lunn believes the report is an effort to address the problem of domestic violence homicide and to analyze ways to decrease such homicides in the future. The report is a call to action so that the public recognizes the domestic violence is a huge issue in Georgia and in this country. You can find out more information here and on the Fatality Review website.
When a court order has been entered commanding certain actions by the parties, it is vital that each party follow such an Order. If one or both of the parties fails to follow the court’s order, he or she can be found in civil contempt. There is no distinction made based on whether the violation is of a jury’s verdict, judge’s decree or agreement of the parties incorporated into a final decree and judgment.
Civil contempt requires a finding of a “willful” refusal to comply with a court’s order. Civil contempt is commenced for an alleged violator to be compelled to obey a court’s order. A contempt action is not a new civil action and merely requires reasonable notice of hearing.
Civil contempt in family law cases have been found in numerous circumstances. A few instances where civil contempt has been alleged are:
1) Failure to pay child support and/or alimony;
2) Failure to sign documents necessary to facilitate the transfer of property;
3) Failure to continue to provide a child with healthcare benefits;
4) Failure to pay attorney fees;
5) Failure to surrender property or allow access to property;
6) Failure to follow child custody and/or visitation orders.
If a party is found in contempt, the judge will decide how the violator can “purge” or relieve him/herself of sanction for violating the court’s order. Sanctions can include, but are not exclusive to, payment of all monies due, unconditional fine and/or imprisonment for a definite period of time.
If a party faces a Motion For Contempt, he/she should discuss their matter with a family law attorney. Particular facts and circumstances may render an alleged violator with a defense.
Post written by: Tiffany R. Lunn Esq
Habeas Corpus, as it relates to child custody, is when one person (usually a parent) claims custody rights of a child and is seeking to claim physical custody of such child that is being allegedly detained illegally by another person (usually the other parent or a person desiring a change of custody rights).
In Georgia, the person bringing a habeas corpus action before the Court must have had their custody rights violated, but such an action is not exclusive to a parent of the child. If detention of the child is not in violation of the person’s rights bringing such an action, then habeas corpus in not the appropriate remedy.
There is usually more than one option available to a person considering a writ of habeas corpus. Speaking with a Georgia attorney that handles child custody matters about the specific facts would greatly assist in determining the best course of action.
Post written by: Attorney Tiffany Lunn
When a default judgment has been obtained or there has been a court ruling that has been unfavorable to a litigant, time is of the essence. A litigant should begin right away to seek to attack the judgment or appeal to a higher court. These actions should not be contemplated for months, because at that point a litigant’s options are likely to be narrowed or more limited.
Many times a litigant can attempt to challenge a previous ruling upon good grounds, but has allowed significant time to pass before taking any action. When this is the case, the litigant may have to live with the current ruling or file a new case, when applicable. Attacking a ruling can be complicated and require a good grasp on the law and also post-judgment procedures. Litigants should attempt to seek legal assistance right away to increase the likelihood that any attack or appeal will be successful.
Post written by: Attorney Tiffany Lunn
Lunn Law and Attorney Tiffany R. Lunn designed this blog to assist spouses and/or families with their domestic matters. A great deal of the information on this blog will direct you to other informative sites that may be helpful to you. The information is meant to be practical in nature. Lunn Law and Attorney Tiffany R. Lunn do not intended for this blog to be taken as legal advice and you should speak with an attorney about the specifics of any legal matter.
This blog is not solely meant for those that are in domestic conflict. There will be information posted that will be valuable to any married person, those in a domestic partnership, parents, or those acting as a physical or legal custodian of a child.
For additional information, go to http://www.lunnlaw.com and/or call our Lunn Law LLC or Attorney Tiffany R. Lunn at (770)-492-2974.