For the cop/judicial types on the forum

[harley]

harley,

Try getting the case moved to a different judge. In my state (ID) the rules (IRCP - Idaho Rules of Civil Procedure) state that either party can get the case switched to a different judge just by requesting it. Hopefully there is a similar rule in your DD's state.

2Cor521

Thanks, but no such luck in VA. Or at least Arlington. You have to give reason, and it has to be approved by the head judge. And guess who her judge is?

So instead we're trying to get out of the courts completely and into Social Services. The court system seems to help somewhat with divorce and child support, but in DDs case there was never a marriage, and this judge just doesn't seem to care what happens. If it gets under the Social Services umbrella, they will take him to court instead of DD having to do it. Of course, if he ends up in jail it will solve some problems, but then she'll never see any child support. We'll just have to see what comes of it all.

 

[SecondCor521]

Drats. I guess the other thing you could do is appeal, but that's unappealing (no pun intended) on a bunch of different levels.

Sorry to hear about the rotten judge.

2Cor521

 

[kyounge1956]

It doesn't matter if he's the one who had the knife. If he was there he's equally responsible.

I am not a cop/judicial type, but if I remember my long-ago class on "The Student and the Law", he may also be liable to a charge of assault with a deadly weapon. IIRC, the crime of assault does not require actual use of the weapon (if it is used, that's assault & battery). The victim just has to have a reasonable supposition that you might use it, and I would guess that flashing a knife before someone's face and demanding they hand over their valuables would be grounds for an assault charge. (The class was in California and thirty years or more agone. Things could easily be different nowadays and on the opposite side of the country.)

Does Virginia have a "three strikes" law? If so, and I'm right about the definition of assault, it sounds like the young man could be one more "dumb thing" away from spending the rest of his life in jail.

 

[Brat]

Because your daughter is effectively the custodial parent her share of the 'child support' will be easily addressed. I wouldn't worry about her obligation to support the child. What matters a lot are the custody issues.

 

[harley]

Does Virginia have a "three strikes" law? If so, and I'm right about the definition of assault, it sounds like the young man could be one more "dumb thing" away from spending the rest of his life in jail.

No three strikes law. They have a Truth in Sentencing law where no parole is allowed, so whatever sentence he gets is what he serves. My further study since I started this thread makes it look like 28 months minimum, but I'm not positive, because mere mortals can't read and understand stuff written by lawyers!

Because your daughter is effectively the custodial parent her share of the 'child support' will be easily addressed. I wouldn't worry about her obligation to support the child. What matters a lot are the custody issues.

Sadly, she's not the custodial parent yet. They have 50/50, both physical and legal. One of the main reasons we're hoping for jail time is the pretty much guarantee of her getting physical and legal custody. Then when he gets out she'll be able to defend it more easily, and in some other court than where she is stuck now. She'll probably never get the money he owes/will owe, but that's something you just have to live with. More important is a stable and nourishing environment for the little one.