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Mother's actions support contempt finding

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The Indiana Court of Appeals has upheld finding a mother in contempt of court for not dismissing a protective order against her ex-husband as required by their dissolution decree. The judges also affirmed the award of compensatory damages and attorney fees to the father, but reversed a 10-day sentence imposed for future violations.

In Barbara (Rosario) Bessolo v. William I. Rosario, No. 29A02-1108-DR-789, Barbara Bessolo and William Rosario, who have a young daughter, divorced Dec. 1, 2010. As part of their mediated settlement agreement, Bessolo was to dismiss a protective order she had against Rosario by Nov. 12, although the terms of the agreement weren’t binding until it was approved by the court. Even after the decree was approved in December, Bessolo didn’t dismiss the protective order.

An incident on Dec. 5, 2010, led to Bessolo calling the police on Rosario and telling officers she had a protective order against him. Rosario was arrested, spent 20 hours in jail and had to pay $2,500 to expunge the arrest from his record. She filed for the protective order to be dismissed two days later.

Rosario then filed a motion to show cause requesting Bessolo be held in contempt for her actions. The trial court ordered Bessolo to pay $10,000 in compensatory damages, $10,000 in attorney fees, and imposed the suspended jail sentence. She appealed, but the COA affirmed.

Although the divorce wasn’t approved until Dec. 1, instead of Nov. 12 as the agreement originally stated, Bessolo still had to file to dismiss the protective order once the settlement was approved, wrote Judge Nancy Vaidik. The judges upheld the monetary damages and attorney fees imposed, finding the experience was a humiliating one for Rosario. He was handcuffed in front of his young daughter in a public parking lot and had to miss a day of work. The COA reversed the imposition of the suspended jail sentence because it does not coerce current or future compliance with a specific court order. The judges also denied Rosario’s request for appellate attorney fees.  
 

 

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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