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socrateaser
socrateaser, Lawyer
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Socrateaser: How can I prosecute Counsels conduct to cause

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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
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 3 years 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!


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.

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