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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 36952
Experience:  30 years in civil, probate, real estate, elder law
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Need a feview of the wttached doc. Not sure it dies what it

Customer Question

Need a feview of the wttached doc. Not sure it dies what it needs to do. It does not address everything that has occured. For instance, it dirs not site legal precedence for not needing to waive homestead rights, it foes not mention that Peter has requested and been provided with all the bills three tomes since 2013, and has not responded it and only now in 2016 is saying this money is due etc... And nit sure why I would 'admit' inpart here...?
Submitted: 7 months ago.
Category: Legal
Customer: replied 7 months ago.
See the attachments
Customer: replied 7 months ago.
First page
Expert:  Ray replied 7 months ago.
Hi and welcome to JA. Ray here to help you today.Are you the party that filed contempt and this is the other parties response? I want to make sure I understand here, thanks.
Customer: replied 7 months ago.
No my ex filed a contempt agaist me.
Customer: replied 7 months ago.
He is trying to insist i waive my homestead rights. He has bern demanding bills, which have bern provided , since 2013 and now is saying i have not orovided such even though he has not responded to the bills when they were privided, since 2013
Customer: replied 7 months ago.
He has been abusive in email, telling me to ... Off cslling me an imbecile and telling me i was responsible for killing my dog ( who got cancer) and that I am now killing my current dogs etc
Customer: replied 7 months ago.
He has vandalized the property we co own
Customer: replied 7 months ago.
It just goes on snd on with what a jerk he has been and the response from me, seems way too soft?
Customer: replied 7 months ago.
And as it admits in oart it would seem to be a very stupid thing for me to say...
Expert:  Ray replied 7 months ago.
So here your lawyer is admiting to only the facts which you concede while disputing that you have done anything contemptable. This is well written answer here to his motion.It sets out that you have acted in good faith and that his motion is unwarranted.As such if the court agrees you get judgment for legal fees.His motion doesn't appear to show you are truly in contempt and he has unclean hands here, he has done several things to violate previous orders as you set out above.
Customer: replied 7 months ago.
Why would i admit at all? Why is that necessary?
Expert:  Ray replied 7 months ago.
This is a well written response here.You want to stay factual here, it sets out your defenses.I know it may seem mild but it does what you need it to do here.You will be bale to present evidence at hearing, testimony and other information here as well.
Customer: replied 7 months ago.
It leaves open a question as to what i admit to
Expert:  Ray replied 7 months ago.
Usually there are some things that are undisputed, that you divorced, that you have done some things, but you deny that they are contemptable.This is normal to do so, the court wants to boil this down as best it can be done.The issue here is that you have generally complied with existing orders, that the ex has not and that he is reaching here to try and frivilously file for contempt. Honestly this is well written and professionally done.It responds here and allows you to present at your hearing.
Expert:  Ray replied 7 months ago.
And your lawyer is being professionally vague about what you are going to admit to.Again it is a good strategy the other side cannot know what you intend to admit to here.It responds sufficiently to put all in dispute.Your lawyer could have done a better job explaining it here.But the document is well written and protects you .
Customer: replied 7 months ago.
This is his contempt charge
Expert:  Ray replied 7 months ago.
It is not necessary that your lawyer set out everything here, the other side bringing the motion has burden of proof. I don't see how he can prevail you haven't done anything that rises to that level.
Customer: replied 7 months ago.
No but he has.
Expert:  Ray replied 7 months ago.
The problem here is that his motion is really junk, for instance you are not required to give him a key and free access to the home.Thats not prudent and he is using that as an excuse to seek to vandalize or otherwise make life miserable.Judge will never buy that in my opinion.You lawyer may concede here that you changed the locks--but you had a valid reason to do so.And so on.You don't have to dispute everything here to prevail.His motion really lacks merit.
Expert:  Ray replied 7 months ago.
I still think you will be fine here, judge will not hold you in contempt, there is no merit to such a claim, he looks vindictive.I mean he can get his stuff when you are available.Expect judge to require you to give him a fixed time and date and honor that .He doesn't get open access and a key.
Expert:  Ray replied 7 months ago.
I wish you the best here.I can see how frustrating this is for you. Thanks again.
Expert:  Ray replied 7 months ago.
If you can leave a positive rating it is always much appreciated.
Customer: replied 7 months ago.
He has a current key. And Zi gave him access with in 24 hours.
Expert:  Ray replied 7 months ago.
You have been reasonable here.He is trying to make something out of nothing really.The judge will resolve this and not hold you in contempt.And he may award you r lawyer lawyer fees here since the motion lacks merit.
Customer: replied 7 months ago.
Why wouls I 'admit' at all? Why is that a good idea versus just denying?
Expert:  Ray replied 7 months ago.
Contempt would require more serious things here.If you denied him his things in total which you haven't done, denied him visit with a child, again the stuff he is complaining about lacks merit.The answer here puts all of that in dispute, all that matters anyway.
Expert:  Ray replied 7 months ago.
Likely because there might be some individual details that are true, but again it shows you are being honest but yest dispute that you have done any contemptable acts.No one is perfect but overall you can show good will to carry out the existing orders.
Expert:  Ray replied 7 months ago.
Thanks for the follow up.
Expert:  Ray replied 7 months ago.
If you can positive rate here, much appreciated.Good luck here.