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If a Judge says he...
If a Judge says he will take the matter under advisement to see if there was comtempt ( trial occured the prevous week) and duing the week of this adivsement cool down the contemptable charged has been satifsfied. the defendant did was necessary by the order of the court previouscan the judge still find him in comtempt on the next hearing date? is jail a possibityit is a divorce case not criminal about not selling the house in a timely matterthank you
Submitted: 2 years ago.Category: Legal
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2/24/2016
Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,894
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Legally, yes, the contempt occurred when the defendant did not follow the court's order initially. The fact that the defendant subsequently cured the contempt only after the court hearing and while the court was taking it under advisement does not mean the defendant was not in contempt and the court can still find the defendant in contempt for making the case even go to court to begin with.
Jail is a possibility, but not a likelihood on a case like this. Most times in this type of case, the court will issue monetary sanctions, not jail.
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Customer reply replied 2 years ago
Can a judge find a person in contempt if the defendant was able to respond to the motion made to be court. First?
This was given to me 2. Weeks before a hearing. At the hearing my attorney asked for time to respond and not have a hearing pending a response the judge said the hearing will take place
Today I was going in contempt without responding to the court the only response that I was able to give was at hearing
Any recourse ?
Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Thank you for your reply.
If there was an order and the person was in contempt, they have to hold a hearing on the contempt. 2 weeks is time for the person to file an objection to the motion. The judge decides whether or not a continuance is warranted and if the court decides not to give a continuance to your attorney, it was your attorney's duty to file your objection to the motion in time.
Your attorney had a duty to submit your objection in time, failure to do so could be deemed malpractice.
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Customer reply replied 2 years ago
all my attoney did when he recieved the letter from the other attorney was to show up to the original request for the hearing
which was a month before the hearing that heard the second motionso I get a court date to show up about contempt in the mean time the other attorny is satified i was fine and not in contempt
then files another motion 2 weeks later with the hearing 2 weeks away . my attoney tells me about it but never sends me the details just mentions it will be heard. my attoney then shows a case studt before the hearing and the judge says the hearing will occur ( trial) after this trial last week
i was found in contempt on the 2nd motion which i didnt get to respond to except on the hearing court dateany recourse?
Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Thank you for your reply.
You would have to seek to then sue your attorney for malpractice if he did not properly represent you in the matter, because you were given 2 weeks and that is sufficient time for your attorney to have replied. So your attorney failing to reply and you being caused harm by that can be deemed malpractice against the attorney and you can seek damages from the attorney for that lack of proper representation.
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