Legal Question in Family Law in Arizona
Is a petition for OSC require a response, reply like a motion
My situation is this.... The court ordered that I make all the payments on the home. I did for 9 months, but have now lost my job and can't pay. My ex has filed a Petition Order to show cause Contmept. Do I have to file a RESPONSE like you do when responding to a MOTION? Thanks
3 Answers from Attorneys
Re: Is a petition for OSC require a response, reply like a motion
You need to respond, they should have sent a blank response with the contempt, this is similar to a criminal charge and you can end up on probation or even in jail. Contact an attorney at once to get help. Give me a call at the office or drop me an email if you need assistance.
Reply: Is a petition for OSC require a response, reply like a motion
In a general sense, contempt is a quasi-criminal proceeding and you have the right to remain silent. You can also assert as a defense your inability to comply with the underlying orders. This is a very complicated area of the law, and you should not do this by yourself. The court should offer you a free attorney or you can hire your own.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
Re: Is a petition for OSC require a response, reply like a motion
It appears that the question relates to Arizona law. Therefore you should resubmit the question for an Arizona attorney to responde, or better yet retain an attorney. Contempt of court, in California, is considered quasi criminal. That is the penalty if the OSC is found to be true is jail. You have a 5th amendment right not to testify against yourself. This should apply and therefore you should not file a response, as it could be used against you at the trial. Contact the court clerk and ask if the court appoints counsel to represent individuals charged with comtempt of court. conslulting with an attorney is your best alternative.