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Can I file for contempt of court for a violation of a ruling no longer active?

Discussion in 'Civil Court, Procedure & Litigation' started by Kaun, Feb 9, 2018.

  1. Feb 9, 2018 #1
    Kaun

    Kaun Law Topic Starter New Member

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    Jurisdiction:
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    Hi. Washington state.

    My ex wife got a court order limiting me to supervised visits with my child. She refused to let me see the child although the court allowed it. Meanwhile, there is a different ruling in place.

    My general question is: Can one file a motion for contempt of court for a ruling no longer active?

    I guess I could not ask in court for the other party to be ordered to comply with the no longer valid ruling. But could I ask that they be held in contempt and be punished or ask for compensation.

    Is that possible or are contempt of court motions only valid for active rulings?

    Thank you
     
    Kaun, Feb 9, 2018
    Kaun, Feb 9, 2018
    #1
  2. Feb 10, 2018 #2
    mightymoose

    mightymoose Moderator

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    Your question is a bit confusing, but it seems you want the court to take some punitive action over something you already know is no longer in effect.
    An order that has expired can not be enforced as the people the order had applied to are no longer bound by it.
     
    mightymoose, Feb 10, 2018
    mightymoose, Feb 10, 2018
    #2
  3. Feb 10, 2018 #3
    army judge

    army judge Super Moderator

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    You need to hire a lawyer in order to create a visitation order.

    Talk to a lawyer, he or she will discuss specifics with you and COSTS.

    Good luck...
     
    army judge, Feb 10, 2018
    army judge, Feb 10, 2018
    #3
  4. Feb 10, 2018 #4
    cbg

    cbg Super Moderator

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    If a ruling is not in effect, then no one is required to follow it. If no one is required to follow it, then they cannot be held in contempt for not doing so. That's just common sense.
     
    cbg, Feb 10, 2018
    cbg, Feb 10, 2018
    #4
  5. Feb 10, 2018 #5
    Kaun

    Kaun Law Topic Starter New Member

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    I understand. I just thought that because they violated the order in the past I had some sort of recourse. Thank you
     
    Kaun, Feb 10, 2018
    Kaun, Feb 10, 2018
    #5
  6. Feb 12, 2018 #6
    zddoodah

    zddoodah Well-Known Member

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    Huh?

    Depends on the relevant facts and circumstances, which are anything but clear based on what you posted.

    You can ask for anything you like, but I doubt that's really what you wanted to ask.

    If the court entered Order #1 on January 1, 2017 and, on July 1, 2017, Susan violated that order, the possibility exists that she may be held in contempt. That the court entered Order #2 on August 1, 2017 doesn't change that fact.
     
    zddoodah, Feb 12, 2018
    zddoodah, Feb 12, 2018
    #6

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