Local attorney explains why Lori Vallow is not behind bars

IDAHO FALLS, Idaho (KIFI/KIDK) - The courts and lawyers have been silent since Lori Vallow missed a court-ordered deadline last week.

Since Lori Vallow failed to comply with an order to produce the children in Idaho last week there are more questions than answers. 

One that's on everyone's mind is, why hasn't Lori Vallow been put behind bars.

"It's a difficult spot because we don't know if a crime was being committed. The prosecutor likely doesn't know if a crime has been committed. That's what everyone's trying to investigate," said Jeffery Banks, attorney at law.
legal experts say she has not been charged with any criminal act.

"When she didn't comply with the order to bring the children back then. The prosecutor may or may not have filed a motion for contempt," said Banks.

After a content proceeding, the judge may take action that could lead to jail time.

"If she was brought before the court and told, 'your child needs to be brought here.' and she refuses, that would be a continuing contempt. The court would have some authority to potentially incarcerate her until she complies," said Banks.  

Vallow is still in Hawaii with her husband Chad Daybell, Banks believes it's unlikely that she will be extradited. 

As for her husband, there are still legal risks.

"Well certainly if Chad Daybell is involved in a criminal conspiracy to hide the children, then yes he's got some legal exposure to all of this," said Banks.

Child protection cases are sealed under Idaho law, so it’s not clear if the court has taken any action since Lori Vallow failed to comply with the order to produce the children in Idaho.

Anyone with information on the whereabouts of Joshua J.J. Vallow or his sister Tylee Ryan is asked to call the Rexburg Police Department at 208-359- 3000 or 1-800-843-5678 (1-800-THE-LOST).