Olivia Alvarado v. Jesus Emanuel Garcia
Case No: 1440484
Hearing Date: Tue Jul 23, 2019 10:30

Nature of Proceedings: OSC re Contempt

OSC re Contempt

Attorneys: Citer, Jesus Emanuel Garcia, self-represented; Citee, Olivia Alvarado, represented by Deputy Public Defender Christine Voss

Ruling: The Citee, Olivia Alvarado, previously waived arraignment on 6/4/19 when she was represented by Giovanni Giordani, Deputy Public Defender; she is now represented by the Deputy Public Defender Voss. The penalty for contempt can be up to 5 days in jail or up to $1,000 or both. If Citer, Jesus Emanuel Garcia, needs time to get a lawyer and/or prepare, he will be given a continuance. If both sides are ready, the Contempt Hearing will go forward. If the Contempt hearing goes forward, the declaration of Citer will be admitted into evidence subject to cross examination by Citee’s lawyer. We will take the time we need. If we cannot finish in the morning, we will continue in the afternoon of 7/23 at 1:30. Father will be asked to review the nine (9) “Counts of Alleged Contempt” set out below for accuracy and completeness. In any event, please be prepared.

Analysis

Contempt of Court matters are very serious; certainly the Court takes them seriously. A lot of Court time has already gone into this matter. Please be ready. This case was last on calendar on 7/9; the Deputy Public Defender appeared for the Citee; the Court announced that the case was continued to July 23, 2019, at 10:30; if the case settled, Ms. Voss will notify the Court; if it does not settle, the case the case will commence as soon after 10:30 as the Court can get to it; the parties and counsel and the Court will reserve the afternoon of 7/23 to finish if we need it.

Background

Citer, father, filed his OSC re Contempt on 3/14/19; set it for hearing on 6/4/19; it was then continued and now comes on for hearing; father testified via declaration that mother violated the existing order issued in 2018 relating to his visitation; he testifies that “the court should hold mother in contempt of court for visitation schedule.” He complains that the main reason why he is filing this contempt motion is because there have been more than enough times where his visitation rights have been violated; gotten to the point where he has to say enough is enough; really needs the Court to help him enforce the agreement because it is clearly out of his control; he feels helpless. Shortly thereafter father requested that the contempt hearing be rescheduled; the request was denied on 3/26. Father filed another OSC re Contempt on 4/23; set it for hearing on 6/4/19; testifies on 3/11/19 that mother has violated their visitation order at least nine (9) times and the list of alleged Contempt of Court are as follows:

Count #1. On 7/12/18: mother set up a playdate on his designated time of the day.

Count #2. On 8/22/18: mother denied visitation because he honked outside of their home when he arrived; he had newborn infant in the car with him and didn’t want to leave him unattended so didn’t realize it was a big deal. Mother got upset and told him off in front of daughter.

Count #3. On 10/31/18: at previous pick up before this date she told him she already made plans with daughter for Halloween which was supposed to be his day. On afternoon of 10/31 at 3:02 pm (an hour before scheduled pick up) she messaged on TalkingParents that she changed her mind and for him to pick daughter up and drop her off at 7pm. Because she had already told him in person he wouldn’t get to see her and he was at work all day, he wasn’t able to see the message until 5:37 pm.

Count #4. On 11/5/18: mother denied visitation because she claims daughter told her she needed space from him; he was told he couldn’t pick her up 11/7/18 either but then again on the day of she called and told him to pick her up and daughter needed to get over allegedly being upset with him.

Count #5. On 11/12/18 he was supposed to pick her up at a friend of family’s house and was called later by them around 2:30pm that daughter was sick.

Count #6. On 11/21/18 mother left out of town with daughter.

Count #7. On 12/31/18 mother made plans with her already.

Count #8. On 3/13/19 mother messaged him if he could pick up at 3pm; he let her know he was unable to due to work but he could pick up at his designated time at 4pm. She let him know that visitation was cancelled instead. Then he told her he wasn’t ok with that and he would contact LE. She told him that he could instead pick her up all the way in Oxnard now. Oxnard at the time of pick up is almost an hour away, meaning he would have little to no time with daughter; already has to drive 20-30 minutes to her school in Carpinteria; it is not fair and the places are out of SB jurisdiction.

Count #9. Daughter claims that mother interrogates her about the visits and has scripted her on what she can and cannot say to him; he would like for her to stop interrogating daughter about their visitation that day; it is part of the court agreement from mediation; it is unfair that daughter feels restrictions while speaking with him.