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#1
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Circuit Court declined all of my motions.
I was before a very impressive Circuit Court judge trying to vacate the
illegal imposition of a previously-suspended sentence by the Juvenile Court. The sentence was for civil contempt. I listened to FOUR HOURS of impressive legal reasoning and argument by Judge Rossie Alston of Prince William County's Circuit Court... Then it was my turn. Although the sentence from the Juvenile Court was imposed without notice to me in violation of Virginia law and although the contempt finding was that I was in contempt because I paid more toward my arrearages before they were due by court order so I stopped making arrearage payments for a few months (I was over $1400 AHEAD of the Court's Order) and that such findings are based on TWO VOID ORDERS, the Judge said that in order for him to consider my motions (one of which was a determination of interest) I needed to pay the $42000 appeal bond required by the lower court. Duh...if I had the $42000 I would have pay the support ordered (not the $20K in illegal interest). The long and short of it is that the court kicked my appeal and remanded back to JDR who will likely issue a capias to have me hauled off to serve 4 months. So let me see if I understand...I get to illegal (VOID) orders entered against me...a judge finds me in contempt for having paid too much too soon...a suspended sentence is imposed without notice and I have to pay for the privilege to appeal this stuff? Anybody have any ideas? Dave |
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#3
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wrote in message
oups.com... I was before a very impressive Circuit Court judge trying to vacate the illegal imposition of a previously-suspended sentence by the Juvenile Court. The sentence was for civil contempt. I listened to FOUR HOURS of impressive legal reasoning and argument by Judge Rossie Alston of Prince William County's Circuit Court... Then it was my turn. Although the sentence from the Juvenile Court was imposed without notice to me in violation of Virginia law and although the contempt finding was that I was in contempt because I paid more toward my arrearages before they were due by court order so I stopped making arrearage payments for a few months (I was over $1400 AHEAD of the Court's Order) and that such findings are based on TWO VOID ORDERS, the Judge said that in order for him to consider my motions (one of which was a determination of interest) I needed to pay the $42000 appeal bond required by the lower court. Duh...if I had the $42000 I would have pay the support ordered (not the $20K in illegal interest). The long and short of it is that the court kicked my appeal and remanded back to JDR who will likely issue a capias to have me hauled off to serve 4 months. So let me see if I understand...I get to illegal (VOID) orders entered against me...a judge finds me in contempt for having paid too much too soon...a suspended sentence is imposed without notice and I have to pay for the privilege to appeal this stuff? Anybody have any ideas? Dave Appeal to the next higher court. If that fails, appeal again. If need be, appeal it all the way to the US Supreme Court. Never give in, never give up. |
#4
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wrote in message oups.com... I was before a very impressive Circuit Court judge trying to vacate the illegal imposition of a previously-suspended sentence by the Juvenile Court. The sentence was for civil contempt. I listened to FOUR HOURS of impressive legal reasoning and argument by Judge Rossie Alston of Prince William County's Circuit Court... Then it was my turn. Although the sentence from the Juvenile Court was imposed without notice to me in violation of Virginia law and although the contempt finding was that I was in contempt because I paid more toward my arrearages before they were due by court order so I stopped making arrearage payments for a few months (I was over $1400 AHEAD of the Court's Order) and that such findings are based on TWO VOID ORDERS, the Judge said that in order for him to consider my motions (one of which was a determination of interest) I needed to pay the $42000 appeal bond required by the lower court. Duh...if I had the $42000 I would have pay the support ordered (not the $20K in illegal interest). The long and short of it is that the court kicked my appeal and remanded back to JDR who will likely issue a capias to have me hauled off to serve 4 months. So let me see if I understand...I get to illegal (VOID) orders entered against me...a judge finds me in contempt for having paid too much too soon...a suspended sentence is imposed without notice and I have to pay for the privilege to appeal this stuff? Anybody have any ideas? File whatever is required in your state asking the judge to reconsider. Point out if you paid the disputed amount in advance of the hearing the state would have dispersed the money. At that point the state would claim they had already sent the money into the home for the benefit of the children and there would be no way to get it back. Also ask the judge for a finding of fact on the record regarding the facts he used to make his decision and the state law that formed the legal basis for his decision. |
#5
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Dave, I wish I could offer some words of advice but atlas I too found my
self in there same position in Arlington county VA. I was laid my job and since the DCSE was ignoring my request for a reduction it too the court 1year do finally hear my case in which they denied my petition even though I was working a minimum wage job…. Imputed income. I was told that in order to appeal I had to put up a $5000 appeal bond (privilege to appeal) and was ordered to appear the following week for contempt charges. It amazes me how these judges can sleep at night. My life as I knew is destroyed and I have become one of the angry men. If you are a Veteran there is a group called US VETS that has a fathers program that can sometimes help in these cases. DLove |
#6
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Thanks for the mix of encouraging and discouraging words...
I'm putting together an independent civil action to attack the contempt finding and imposition of sentence by the lower court. I'll ask for a stay of the juvenile court's order pending the outcome of the court's finding and/or any appeal. I would imagine that DCSE was more than a little worried about the potential outcome of yesterday's hearing...they had five man-hating female employees against little 'ole me. I expect DCSE will have gone down to the juvenile court yesterday and asked for the issuance of a capias to incarcerate me so I could be arrested at any time. It's ironic that I could have filed either a writ for habeas corpus or appealed without an appeal bond if I had just shut up and gone to jail. I'd be interested in speaking with you, DLove, about your Virginia experiences. |
#7
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Since I'm a stay-at-home dad, I am without assets to pay the $10,000
purge clause imposed by the court -- less than 2 months after the same judge found me indigent for the purposes of appointing me counsel -- which I declined. My wife, on the otherhand, wants to cash in her retirement to pay the purge clause...if she does so, I'm unable to challenge Virginia's statewide due process violation of the imposition of purge clauses against non-custodial parents without any supporting evidence that the contemnor has the present ability to pay the purge clause... I'm left being in the awkward situation of wanting to challenge the purge clause issue, which has never been challenged in Virginia, and staying out of jail so I can continue to lead an attack against Virginia's child support system. It's ironic that I appear to either have to pay $42000 or be in jail to attack an illegal order/imposition of sentence which was also based on at least two prior void orders. |
#8
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wrote in message oups.com... I was before a very impressive Circuit Court judge trying to vacate the illegal imposition of a previously-suspended sentence by the Juvenile Court. The sentence was for civil contempt. You cannot win this game, so STOP participating in their game! What's the one and only thing they use as leverage? |
#9
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Harold Leist has filed a national NCP lawsuit in VA!
http://www.leist.us/suit/law.html GeorgeG is right a single man can not fight this fight alone all the cards are stack against you before you even get to court. Good men must be willing to be jailed for with civil disobedience. The movenment is growing for some type of fairness in custody and child support, unfortunately by the time it happends it will be too late for it to do any good for many of us DLove |
#10
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DLove wrote: Harold Leist has filed a national NCP lawsuit in VA! http://www.leist.us/suit/law.html GeorgeG is right a single man can not fight this fight alone all the cards are stack against you before you even get to court. Good men must be willing to be jailed for with civil disobedience. The movenment is growing for some type of fairness in custody and child support, unfortunately by the time it happends it will be too late for it to do any good for many of us But not our sons. - Ron ^*^ |
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