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My ex has violated a few points of the texas stadard order…

My ex has violated a...
My ex has violated a few points of the texas stadard order dealing with sharing information related to my children and the marital property. I want to let the court know but Ilost my lawyer and have no clue what I would need to file or how to communicate with the court/judge for my case about these violations. Anything anyone can suggest on how to proceed??
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9/1/2010
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,582
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Absolutely. What you have to do is to file a Motion for Enforcement by Contempt. A Motion for Contempt is essentially the device you use to make sure the other party follows the temporary or permanent orders set out by the Judge. It doesn't matter when the original orders were - 5 weeks of 15 years ago - as long as he is still alive, they are binding.Once a MoC is filed, a hearing date is set, and the other side is served. At the hearing, you or your attorney outline the things that the other side has not lived up to (which would also be spelled out in the motion). The Judges do NOT like it when their orders aren't followed (theirs, or their predecessors - all the same). The Judge will demand a reasonable explanation, and by reasonable, I mean a life/death/imminent harm reason.When the Judge will get none, The Judge will verbally admonish (i.e. scream) at him, and then tell him that what he did was NOT right. At your request, he can also be made to pay for your costs in brining this motion (attorney costs and service, etc). An enforcement hearing will be set later. If he STILL do not perform, the Judge may assign punitive damages, or even imprison. Repeated contempt will hold a jail sentence to set him straight. You can find a copy of the motion on nolo.com, legalzoom.com, or uslegalforms.com.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,582
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Customer reply replied 7 years ago
The judge in this case is nasty, do you think filing contempt would fair unfavoribly for me? i am unrepresented and nervous that if I don't follow processes of the court like a lawyer in filing and presenting my case, that I may just make things worse.
As long as you feel this is a serious violation enough to warrant a motion for contempt, you'll be fine. If you're smart enough to ask how to do this, you're smart enough to execute it. Give yourself some credit. :)
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Customer reply replied 7 years ago
Sir, if i file a motion to diqualify attorney for conflict of interest, how do i get a hearing? Is that done at the time I submit with the cleark?
If you file this, like any other motion, you contact the clerk of court, set a date and time from what they have available, and serve the other party with date/time and copy of motion at least 3 days in advance, but give them 1 week minimum in practice.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”














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