Family Law Questions? Ask a Family Lawyer Online.
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?
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 That night i received a letter threatening contempt and saying i had 7 days to return the door which made this letter outdated already.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.
Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law or whether you dislike the answer) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just make sure you type: FOR GEORGETOWN LAWYER on the subject line. Thank you!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).