Motion for Contempt of a Court order against His Attorney?

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justiceforall

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Many months ago during a maintenance hearing, my soon to be ex was ordered by the court to dissolve one of his bank accounts and give me half. The Judge said it was to be done at that time siting that I could use the extra cash. I have gone to his attorney 4 times requesting this money. The last time he said that my spouse says "No", I don't get it but if I should find a new attorney, he'll release some of it directly to them for retainer. I told his attorney that this is contempt of an order and asked if he too was in contempt for allowing this from his client. Can I put in a motion to the court, not only for enforcement of this order and contempt on my spouse.... but can I also ask the court to hold his attorney in contempt?
Thankyou for any responses
 
Many months ago during a maintenance hearing, my soon to be ex was ordered by the court to dissolve one of his bank accounts and give me half. The Judge said it was to be done at that time siting that I could use the extra cash. I have gone to his attorney 4 times requesting this money. The last time he said that my spouse says "No", I don't get it but if I should find a new attorney, he'll release some of it directly to them for retainer. I told his attorney that this is contempt of an order and asked if he too was in contempt for allowing this from his client. Can I put in a motion to the court, not only for enforcement of this order and contempt on my spouse.... but can I also ask the court to hold his attorney in contempt?
Thankyou for any responses

You can ask the court to give your SOON TO BE EX 1,000 lashes, you can request the court make your SOON TO BE EX give you $1,000,000; go ahead ask.

Will the court do it?

Will the court care?

It usually takes several repeated actions before the court will sanction someone.

The operative word here is USUALLY.

Whatever the court decides, is always up to the court.

I suggest to you that no one does this unless they know things you may not know.

But, go ahead flood the court with all the motions you desire to create.

Its your right, after all.
 
Thank you for your response Army Judge.

"It usually takes several repeated actions before the court will sanction someone"

This is one of many wrongful actions from this attorney, including holding back monthly maintenance payments until I bow down to their demands. He even has tried several times to make me vacate the house so it can be put up for sale. I have a court order for sole occupancy until futher order from the court.


"I suggest to you that no one does this unless they know things you may not know"

At the end of this hearing months ago, this attorney volunteered to submit the orders of the day. The Judges last words to him and my acting attorney at the time were " and whether you agree or disagree with the rulings, that's what the rulings are. And just make sure that you both agree that the order accurately reflects what's been ordered today"

Well lo and behold... two weeks later comes the order. None of it reflected what this Judge ordered AND to top it off, it was signed by a different Judge.

Now, months later, I have to respond to a resent motion from the other party, that I have failed to comply with some of these orders and want me held in contempt and the (official acting Judge) to enforce these bogus orders. I am not worried about that part because all their accusations are just that. And I have my proof. I want to set my own motions however, when I reply. They have not complied with either orders. (the original ones from the hearing or these bogus ones signed by another Judge). I would like the court to dismiss these orders altogether and re-write what was suppose to reflect from the hearing. I possess the 98 page transcript also and will use this with my affidavit. The contempts however go way back long before this hearing and I will get that in also.

The way the Judge warned and looked at this attorney, I feel this is not his first warning of his shinanigans.

Questions:

1. When I submit my response to their motions and submit my own motions, can I motion for his attorney to be held in contempt? Not only for the slimey things he has done himself, but abiding his clients wishes knowing they are against court orders.

2. Can a person call an attorney to the stand (while they are there representing someone)?

I do believe the Judge has had runnins with this Attorney and after the warning ..... I think he's going to be a little peed off.
 
I submit that you don't want to play this game. He, she, it may appear incompetent; but you're stepping into their playroom. Don't attempt this. It isn't a game, or a parlor trick that you can learn after reading a few notes from various Internet sites.

If you're dissatisfied with your attorney's performance attempt to discuss this with him, her, it. That's often fruitless, but you can try. If you can't, file a complaint with your state bar association.

Back to your legal matter, if I were you, I'd retain new counsel.

We don't provide legal instruction on this site. We don't establish a client-attorney relationship. We offer simple insights, witticisms, clarify points of law, and sometimes we might offer a legal opinion.

The intricacies of filing a motion pale in comparison to arguing that motion before the court. It isn't a fill in the blanks or use a template exercise. It's very complex oral argument and extremely procedural writing to a point. Think love and marriage, soup and sandwich, peanut butter and jelly, crime and punishment, bread and butter; you can't have one without the other.




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Your suggestion not to enter that arena is well taken. The Judge I'm sure will figure out that my spouse refusing to comply with any order was passed on "through his attorney" and I will let HIS Honor (be the Judge) if he wants to hold spouse's attorney responsible for not advising his client against this contempt. I did fire my attorney months ago after a year of NONservice. Any attempts for new counsel has been thwarted after they speak to his attorney. The State Bar strongly adviced submitting complaints and with an actual verbal order, not to pay my ex attorney one single penny.
I heed your words and I am sure everything will come out at some point and time for the Judge.
I will respond to their motions of failure to comply with the "bogus" orders signed by the different Judge. Besides that, what legal terms should be used when I show the Judge in my affidavit that these orders did not reflect his orders at the hearing, and then do I ask to dismiss? alter? set new orders to reflect what he said in court? And does a Judge's orders at a hearing supercede the submission of inaccurate orders signed by a different Judge?
 
You should retain new counsel. Hire one from a neighboring county, or the nearest large city. Do not try to be a lawyer. It's much more to it than completing a form or filing a motion or response. Seek competent counsel, there are many available. You need to search more thoroughly.
 
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