The source, who asked to remain anonymous fearing further legal repercussions, said Tuesday the state’s DCF filed that Pelletier be held in contempt of court for breaking the order, using stories on TheBlaze and one that appeared last week in the New York Daily News as evidence.
Pelletier admitted to TheBlaze earlier this week that he wasn’t sure if his speaking out would help his family or hurt it.
“Should I even be doing what I’m doing today?” Lou told TheBlaze Monday. “You’re scared. If I do this, is it going to make it worse for Justina? Is it going to make it better?”
“I need to save my daughter. It’s not this court house. It’s not the state of Massachusetts,” he said at another point in our interview. “If we don’t do something, she is going to die.”
The injunction preventing the Pelletiers from talking publicly about their daughter in the context of the case was issued on Nov. 7, 2013, according to WTIC-TV. The gag order was issued after the media investigation by WTIC’s Beau Berman.
Going against a gag order, if found in contempt of a court order, could be considered either civil or criminal. Civil contempt of court would involve a failure to obey a court order. Criminal contempt of court is often issued as punishment to prevent future acts of contempt.
Penalties for being found in contempt of court, depending on the type, range from being required to pay the legal fees to paying a fine to jail time.
Jim Ianiri, an attorney in the Boston area who has been involved in custody battles over medical issues since the 1990s but who is not involved in this case, shared his legal expertise with TheBlaze about this situation.
“The court is going to determine whether or not to hold [a person] in contempt of court, and then impose the appropriate penalties, if you will, on that,” Ianiri explained.
A party files a motion to find someone in contempt of court. Then a judge would have to grant the motion, or allow motion, and then find someone in contempt of court or not in contempt of court, Ianiri continued.
“What they’re looking for is a contempt order. An order finding [someone]