How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask socrateaser Your Own Question

socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 34378
Experience:  Retired (mostly)
10097515
Type Your Legal Question Here...
socrateaser is online now
A new question is answered every 9 seconds

Socrateaser: How can I prosecute Counsels conduct to cause

Resolved Question:

Socrateaser: How can I prosecute Counsel's conduct to cause an adversary (me) to violate the "law of the case." Bus. & Prof. Code 6106?
Re-reading the court order from 2011 for the umpteenth time and re-reading counsel's recent letter I don't see why his letter would not be contemptuous.

Can you provide a sample or URL of an affidavit of contempt to prove my case to the court.
Is this yet another FL-300 with an affidavit and evidence attached as appendices?
Please clarify.. Thx
Submitted: 1 year ago.
Category: Legal
Expert:  socrateaser replied 1 year ago.
Here are the forms:

FL-401*1/1/2003Application for Disbursement and Order for Disbursement From Child Support Security Deposit
FL-410*1/1/2003Order to Show Cause and Affidavit for Contempt
FL-411*1/1/2003Affidavit of Facts Constituting Contempt (Financial and Injunctive Orders)
FL-3301/1/2012Proof of Personal Service

Defendant must be personally served with the pleadings. Mail service is not effective.

Fill out the forms, and if you have questions, let me know. The affidavit needs to be precise. Short sentences that demonstrate the date, transaction or occurrence, specific facts -- demonstrating:

1. That a valid and enforceable court order exists;
2. That the defendant knew of the order;
3. That the defendant acting in willful and conscious disregard of the order.

Leave nothing to the court's imagination. You must prove each and every element beyond all reasonable doubt, or the court must find the defendant not guilty. In this case, the letter must show conduct or threats in direct contradiction to the existing court order. This is one of those situations where the old saying, "Close is only good in horseshoes and hand grenades," applies. You must get it "in the hole," or you lose. So, if there's any question about whether or not you can prove all three of the above elements, then don't waste your time. Just complain to the State Bar and leave it at that.

Hope this helps.
Customer: replied 1 year ago.

Very good..


1. In a cursory quick read of the forms provided, they all make sense, except FL-401. I dont think you meant to give me that one - right?


What does this attorney situation have to do with Application for Disbursement and Order for Disbursement From Child Support Security Deposit?


2. Defendant is no longer ex-wife but Mr. Attroney - right?


3. Case number XXXXX carry over my Family law case # XXXXX right?


 


Thanks Master!

Expert:  socrateaser replied 1 year ago.

1. In a cursory quick read of the forms provided, they all make sense, except FL-401. I don't think you meant to give me that one - right?

 

A: Yes. Please ignore.


What does this attorney situation have to do with Application for Disbursement and Order for Disbursement From Child Support Security Deposit?

 

A: See above.


2. Defendant is no longer ex-wife but Mr. Attorney - right?

 

A: Correct.


3. Case number XXXXX carry over my Family law case # XXXXX right?

 

A: Correct.

 

Hope this helps.

socrateaser, Lawyer
Category: Legal
Satisfied Customers: 34378
Experience: Retired (mostly)
socrateaser and 11 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.