"Moon Shyne" wrote in message
...

"JR" wrote in message
m...
Hi Barry,

I've actually got the same "fixed schedule" order that you have (1-3-5
weekends). That's why I'm asking about criminal prosecution under Cal
PC 728.5. There's really no way our order can be mis-interpreted. The
date, time, place, of our custody transfers are clearly stated in the
order (it took a LONG time to get the order to that point). Despite
this, mom repeatedly thumbs her nose at me and the court to the
detriment of an innocent little girl (and me, her father).

Yes, I filed the OSC Contempt papers this morning and they should be
served on Mom by Tuesday or Wednesday. The arraignment is set for July
6th. But like I said, Civil Contempt was unsuccessful before, so I'm
looking for a way to convince law enforcement to, er, enforce the law!!

When I discovered Cal Penal Code 278.5 via the post I pasted below, I
thought, "THIS IS IT! THERE IS A LAW SHE IS BREAKING!" But now that
I've filed the report, I'm kind of stalled.

Trouble is I know that my police report was taken not because the police
intended to do a real investigation, but only to get me out of the
substation; to go away. I want to know how to get the police to follow
up, verify that the orders are valid, locate and question the criminal,
and arrest her upon verifying that statute 278.5 was violated.

I was hoping this "two-pronged" approach (civil contempt + criminal
case) might yield better results. I'm hopeful about the contempt, but I
want to keep the criminal side moving.

Just keep in mind that some courts may view your approach as
"prosecutorial
harrassment" - in that you're attempting to prosecute her twice for the
same
offense.

Not many will see it that way, if any. If they do, too bad! The legal
remedies are there for a reason.

Yes, she's wrong in what she's doing - however, you need to make sure you
don't
put yourself in the position of being 'more' wrong - it won't help your
case.

How does availing yourself of the only legal remedies available make one
not just wrong, but "MORE WRONG?"