Q: Is a judge able to refuse to hear a contempt case I filed on my daughter's father for refusing 9 court ordered visits?
A:
For contempt, the Judge must first determine the threshold question of whether the facts as stated in the Application or Motion for Contempt or Order to Show Cause would make a prima facie case for contempt. If so s/he will sign the Order. If not, s/he will decline to sign the Order. If the Order is signed though, a hearing is set and a warrant will issue if the person to whom the order is directed does not appear.
It sounds like you may need to visit with an attorney - it may well be that the opposing party has violated, but you may need some help in how to present that to the Court to obtain the contempt action you are seeking. Best wishes as you navigate this.
A: Yes, if it wasn't filed properly or doesn't meet the threshold legal standard to have it set for a hearing, the judge can deny it without setting for hearing. It is very unusual for these not to be set for hearing if they were otherwise filed correctly. When a person's show cause/contempt action is dismissed without a hearing, it is often due to a misunderstanding of how to properly file or present the request to the Court. Other times it is due to not being the proper procedural mechanism, such as if the issue was decided already and an appeal or rehearing request is more appropriate.
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