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GeorgetownLawyr
GeorgetownLawyr, Family Law Attorney
Category: Family Law
Satisfied Customers: 12047
Experience:  Experience: contested Divorces, custody disputes, Post dissolution modification, child support issues, adopti
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Had contempt charges filed against me by ex husband for taking

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Had contempt charges filed against me by ex husband for taking our dog door when i moved out a month ago. He agreed to it, i agreed to replace it with a new door since i have the dogs. I had an emergency court order to move out on August 31st. I texted him to come over Sept 1st which he replied and said was fine and to also bring our dog max. We were on talking terms then. Then he changed his mind and had his attorney send me a threatening letter to press charges for stealing the door. I gave the door back 2 days later, 5 days after that he still went ahead and pressed charges. My attorney thinks the case will be thrown out, but i wanted a second opinion. State of Alabama. He has asked for me to pay his attorney fees and a fine. This whole thing is just about money.
Submitted: 1 year ago.
Category: Family Law
Expert:  GeorgetownLawyr replied 1 year ago.

Hello and thank you for using our service. My name is XXXXX XXXXX I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.

 

Let me understand this, he filed contempt charges AFTER you returned the door?

Customer: replied 1 year ago.

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.

Expert:  GeorgetownLawyr replied 1 year ago.

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?

Customer: replied 1 year ago.

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.

Expert:  GeorgetownLawyr replied 1 year ago.

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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GeorgetownLawyr, Family Law Attorney
Category: Family Law
Satisfied Customers: 12047
Experience: Experience: contested Divorces, custody disputes, Post dissolution modification, child support issues, adopti
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