Legal Question in Family Law in Ohio

Motion for Contempt of Court

My ex-husband has filed a motion to have me held in contempt. My son was sick on his weekend, 103 degree temp, I had to leave work pick him up, missed 3 days, etc due to his strep throat. I called the ex all day to tell him what was going on - he wouldn't return phone calls until evening, then showed up at my home, he and his GF made a scene. etc. What can the repercussions be to me for this?


Asked on 5/14/07, 1:46 pm

2 Answers from Attorneys

David Davies Law Office of David H. Davies

Re: Motion for Contempt of Court

Is your ex represented by counsel or did he file the motion without an attorney? If an attorney filed this motion for him then I would bet that he did not give the attorney the straight facts.

I assume that you left work to pick your son up from school. If that is the case it will be fairly easy to document this. You may also be able to document your efforts to notify your ex of the illness and his unreasonable actions when he showed up.

You will need to retain an attorney to represent you vigorously on this. Contempt of court is a serious matter and you want to be sure that the court knows that you are doing your best to follow the court's order while at the same time making choices that protect the health and well being of your child. This may hurt a little (or maybe a lot!) financially but you will need to hire an attorney for this.

If the circumstances are as blatant as you describe, it is possible that the court could require that your husband reimburse you for your attorney fees. The Court takes violations of court orders seriously but the court also does not like to have someone attempt to use the court to aggravate someone when there is no valid reason to envolve the Court.

Feel free to call if you have additional questions.

Good Luck!

DHD

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Answered on 5/15/07, 12:04 pm
Edward DiCato Edward DiCato Attorney at Law

Re: Motion for Contempt of Court

you need to defend the motion at hearing. DO NOT ignore it,as the penalty for contempt can include jail time. I believe you have a reasonable defense if properly presented to the court.

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Answered on 5/14/07, 3:43 pm


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