Family Law Questions? Ask a Family Lawyer Online.
Good morning. I certainly understand the situation and your concern. There are two issues here. The first, is the other parties failure to comply with a court order. If they are failing to do as ordered, you can take them back to court and seek to hold them in contempt. They would need to appear and go before the Judge, to explain why they are failing to comply with the courts order. The judge can step in and compel them to act or else find them in contempt and take action. The second issue is if the attorney is acting in bad faith and doing something illegal or unethical. If that is the case, you can first, address it with the Judge when you seek to hold the party in contempt and even go after the attorney as well AND file a bar complaint and have the conduct of the attorney looked into. Here is a link if you want to file a complaint and the process also.
Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
This would need to be addressed with the Judge then and you need to advise that the client is failing to comply with the court order and it is a direct result of his attorney advising him to do so. This way, the Judge can look into this and determine if both should be held in contempt and sanctioned, which the Judge can do. Now, the DA files criminal charges, so you would need to speak with them directly and have them look into the matter to see if they will directly file charges.
It would be the motion for contempt. The clerk of court should have a form for you to fill out and file to start the process. You would need to show the other party is failing to comply ( which is easy) and then ( which is harder), that their attorney advised them to do this. If they violated two different ordered there would be two different violations they would need to answer to.
Yes, that is correct. It would need to be done for both. As far as it being an emergency, you would need to get it set for hearing as soon as possible and would need to speak with the clerk of court or assistant of the Judge, depending on who sets the hearings.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!