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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 12-09-2014, 02:55 PM
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Default is relief tempory or permanant?

when a judge grants relief in a contempt motion is that permanent or temporary?

In the endorsement from my contempt motion the judge discusses the relief that she would have granted and what to ask for in relief in next filing for January. Will this relief be permanent or will I need to then file a motion to change asking that this be permanent?
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Old 12-10-2014, 11:24 AM
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A finding of contempt is made on a final basis.

Other aspects of the Order may be either interim or final, depending on the proceeding. For example, a contempt motion impacting access within the midst of a case is interim.
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Old 12-10-2014, 01:01 PM
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If someone Purges the contempt does that mean that the finding of contempt is erased? The order says that the Applicant can purge the contempt if she corrects the behaviour and follows paragraph 22, 24, and 31 of the September 22 order?
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Old 12-10-2014, 01:26 PM
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Quote:
If someone Purges the contempt does that mean that the finding of contempt is erased?
No. Having been in contempt is forever, unless successfully appealed at the time.

Purging the contempt means that they are no longer remaining in contempt.

Example:
Adam needs to give Bob his wheel barrow by court Order.
He does not.
A court finds Adam in contempt.
He has been found in contempt of court, which is final.
However, Bob still doesn't have the wheel barrow.
When Adam gives Bob the wheel barrow, he purges his contempt. Otherwise, Bob may try to have him found in contempt again.
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Old 12-10-2014, 06:54 PM
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Quote:
Otherwise, Bob may try to have him found in contempt again.
If it is an ongoing thing right? You can't been prosecuted for the samething twice.
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Old 12-10-2014, 10:16 PM
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Quote:
You can't been prosecuted for the samething twice.
Yes, but people sometimes misunderstand what the "same thing" is.

Example: Adam does not give Bob the wheel barrow. He is found in contempt.
Two months later, Bob has him found in contempt for not giving him the wheel barrow.
How is he found in contempt again?
The second finding was for not giving the wheel barrow in the time since the last finding.
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Old 12-11-2014, 12:45 AM
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Quote:
Originally Posted by OrleansLawyer View Post
Yes, but people sometimes misunderstand what the "same thing" is.

Example: Adam does not give Bob the wheel barrow. He is found in contempt.
Two months later, Bob has him found in contempt for not giving him the wheel barrow.
How is he found in contempt again?
The second finding was for not giving the wheel barrow in the time since the last finding.
Sure, but in this case I imagine it was cases of access denials.. thus "same things"
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Old 12-11-2014, 02:27 AM
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Quote:
access denials.. thus "same things"
Access denial on March 1 is not the same issue as access denial on March 2, or 3, etc.
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Old 12-15-2014, 07:45 PM
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The specific issues are:

1. Refusal for mid week phone calls. The order states that mom is to initiate calls between 4-7pm on Tuesdays. She has only allowed 5 in the last 21 weeks.

2. She has refused to place me as contact parent on medical records. Order says that mom is responsible to change all medical records to have me listed as the primary contact.

3. Mom has continued to sign school IEP, trips, and make decisions at the school without informing me. I have sole custody regarding Education however mom has more school nights and the school says its moms responsibility to pass the information to me not theirs.

4. Order states that child is not to be kept from school without medical documentation that stated she was ill. If that is the case mom is to inform me prior to the start of school. Mom has kept her from school on 3 occasions over the last month and a half. No medical notes, didn't inform me school did.

5. Mom is to limit communication to email. There have been too many situations of her making false accusations, and harrassing my phone to the point I needed to change the number. She also makes scenes in front of child. Mom refuses to communicate most of the time through email and keeps texting me or trying to talk in person.

She has been found in contempt, and on numerous occasions judges have already talked to her about all these issues.
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Old 12-15-2014, 09:29 PM
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How long have you been separated?
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