ltgov@ltgov.virginia.gov; district37@senate.virginia.gov; district24@senate.virginia.gov; district17@senate.virginia.gov; district16@senate.virginia.gov; district28@senate.virginia.gov; delwhowell@house.virginia.gov; delmcole@house.virginia.gov; deldmarsden@house.virginia.gov; delborrock@house.virginia.gov; delcpeace@house.virginia.gov; dave albo
You are going to have to consult a family law lawyer, this is out of my expertise.
Dave-----Original Message-----From: Sherry Hayward
Subject: Re: Va law on jailable offenses
Thanks Dave for responding. I understand this is a difficult a question considering you don't have the details of this case. I have been searching through the VA codes and can't seem to come up with anything that applies this specific case and circumstance. Briefly what has happened is that the paternal grandparents of this child, the Adair's, filed for and gained custody of the child from the mother, Jenn. The father of this child, the Adair's son, has never been involved with the child and moved out of state when the child was very young. The judge in this case, Daltan, awarded attorney's fees to the Adair's attorney, Tandy Rinehart. The Adair's initiated this case based on many false allegations and actually used the system and the courts to strip this mother from her right to be a mother. The Adair's have held this over Jenn's head for several months with the threat of jail and have gone as far as to actually hold her son for ransom by forbidding her from even seeing him until those attorney fees are paid. The code below:
16.1-278.19 states "based on the relative financial ability of the parties". Considering Jenn didn't initiate this case and wasn't able to afford her own attorney I would have to say Daltan ignored this code.
16.1-278.19. Attorneys' fees.
In any matter properly before the court, the court may award attorneys' fees and costs on behalf of any party as the court deems appropriate based on the relative financial ability of the parties.
As a result, what has happened is Jenn was arrested and served over 2 months in the Rappahannock Jail until her friends and family had raised enough money, 2700.00 to pay to Tandy Rinehart.
I've been searching the VA code and the discovered the following codes:
If this is this code, 16.1-69.24, used to jail this mother for the non payment of the atty fees, she was imprisoned far longer and fined much more than this code states is allowed. Her options were to serve 12 months or pay 2700.00 to the opposing attorney, Tandy Rinehart.
16.1-69.24. Contempt of court.
A judge of a district court shall have the same powers and jurisdiction as a judge of a circuit court to punish summarily for contempt, but in no case shall the fine exceed $250 and imprisonment exceed ten days for the same contempt. From any such fine or sentence there shall be an appeal of right within the period prescribed in this title and to the court or courts designated therein for appeals in other cases and the proceedings on such appeal shall conform in all respects to the provisions of �� 18.2-456 through 18.2-459.
Nothing in this code applies to non payment of attorneys fees.
18.2-456. Cases in which courts and judges may punish summarily for contempt.
The courts and judges may issue attachments for contempt, and punish them summarily, only in the cases following:
(1) Misbehavior in the presence of the court, or so near thereto as to obstruct or interrupt the administration of justice;
(2) Violence, or threats of violence, to a judge or officer of the court, or to a juror, witness or party going to, attending or returning from the court, for or in respect of any act or proceeding had or to be had in such court;
(3) Vile, contemptuous or insulting language addressed to or published of a judge for or in respect of any act or proceeding had, or to be had, in such court, or like language used in his presence and intended for his hearing for or in respect of such act or proceeding;
(4) Misbehavior of an officer of the court in his official character;
(5) Disobedience or resistance of an officer of the court, juror, witness or other person to any lawful process, judgment, decree or order of the court.
(Code 1950, � 18.1-292; 1960, c. 358; 1975, cc. 14, 15.)
Judge Daltans ruling has caused the suffering of many people in this family. A child who has lost almost all contact with his mother, simply because she doesn't have a lot of money. Jenn's two much younger children who lost their mother for over two months. Jenn's loss of a job, as a result of being incarcerated has caused a tremendous financial strain on the rest of this family who obviously didn't have a lot of money to begin with. I wasn't aware that here in America we were still using debtors prisons.
If there are specific codes I have failed to locate please, if you would be so kind, send them to me so I can help my friend deal with this tragedy and educate others. Otherwise please advise me on how to prevent the outrageous acts of these judges and attorneys.
I thank you for your consideration
Sherry Hayward
703-655-2223
From: "davealbo@aol.com" <davealbo@aol.com>To: shayward37@yahoo.comSent: Tue, November 10, 2009 5:49:36 PMSubject: Re: Va law on jailable offenses
Not knowing anything about the case, Contempt of Court for not abiding by a Court Order is my guess.
Dave
