– from Frank K. in Germantown, WI

Question Details:

I was never served support orders after my divorce because I had no home. I missed the final divorce hearing when support was apparently set. I have been staying with friends and have no job or income. The divorce took every ounce of motivation from me. I was arrested and told I could not be found to be served with a show cause order. I was unable to make it back to court for the hearing date because I was out of town and have no car. Now I have learned that I have been found in contempt, and another arrest warrant has been issued. Haven’t I been denied due process due to my absence?

Family Law Attorney Response:

Unfortunately, no you have not been denied due process. Based only on the information you have provided,  you are actually in contempt of the court for defying court orders.

To demonstrate this reasoning, we can look at Noack v. Noack 149 Wis. 2d 567, 439 N.W.2d 600 (Ct. App. 1989), which saw a similar situation. The father actually was arrested for contempt and did follow through with an appeal based on being denied due process. The court of appeals affirmed the trial court’s decision.

My advice is to contact an attorney right away, and together, plan to turn yourself in. This will at least show that you are complying with the orders given. Then, steps may be taken toward securing a conditional release.

Lawyer Holly Mullin from Sterling Law Offices
Holly Mullin, J.D.
Family Law Attorney

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