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Let me understand this, he filed contempt charges AFTER you returned the door?
Yes, his attorney sent me a letter saying they were going to file contempt in 7 days if i did not return the door. I had already returned the main door before i even got the letter( i had already taken the dog door out) 2 days later and then my attorney told me to bring the actual dog door to her and she would deliver it to his attorney. I gave the dog door to my attorney but they filed anyway after 5 days. He has both doors .And he is in contempt for not paying me outstanding expenses per the temporary court order. I have asked my attorney to file against him but she is trying to settle the divorce and keeps putting it off. She said it should get thrown out but i want a second opinion please.
I will answer that, let me first ask are you sure your attorney gave his attorney the door before the contempt was filed? Are you then sure his attorney gave him the door before the contempt was filed and that he actually had the door or is that just what you believe?
Okay. I gave him back the main door with out the dog door back 2 days after i left. That night i received a letter threatening contempt and saying i had 7 days to return the door which made this letter outdated already. My attorney told me to give her the dog door back and she would give it to his attorney within the 7 days. 5 days in they filed and my attorney was mad as she had not given the dog door back, but did the next day which was then 6 days into the letter. They had the main door 2 days in and the rest of it 6 days into the letter. They filed before the 7 days. This is absolutely correct and i can prove all of it with text messages and my attorney.
What am i being charged for then?He has the door.
Ok, then I agree with your attorney the contempt should be dismissed. A party can only be held in contempt when they are continuing to engage in ongoing behavior in violation of a court order. There is no violation here since he has the doors, the court cannot find you in contempt. Also, you should not be made to pay any attorney fees because he filed the contempt motion after giving you 7 days to comply and you complied within 7 days so on that count he should not win either. I hope this helps clarify.
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