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Can i sue opposing attorney for violation of directions of court order?

Las Vegas, NV |

Order: "joint-telephonic conversation by counsel to evaluator as needed"
Order: Counsel will send a one letter to evaluator giving "facts and findings of court and pleadings" and explain the statute as relates to case

Opposing attorney faxed 2 (that I know of) documents on his stationary to evaluator: accusations never heard in court, requesting (and got) the interviews rescheduled (unbelievably beneficial to his clients) and made derogatory remarks about me such as "as to A's credibility and honesty.... "A claimed her mother was a teacher when it was ... [Ann Frank was a student. Mom and Otto Frank reunited in the 70's]
Judge informed evaluation "tainted". Omissions, promise to send docs - nothing.
After 3 yrs new judge TERMINATED VISITATIONS - eval & accusations by prior atty

Attorney Answers 2


  1. Best answer

    When deciding if you should sue someone there are two essential requirements. First, did the person who you think violated your rights have a duty to refrain from the activity that you think would form the basis of a suit or did they have a legal duty to do something and they did not do it. It is very difficult to determine the answer to that question based on the facts you list because it will depend on State law and possibly administrative law in your State and under Federal Law.

    The second essential is where there compensable damages? Damages for which a Court can award you monetary awards or injunctive relief (order the other person to do something or stop doing something). If you have both of these elements you may sue.

    However, lawsuits take a high degree of expertise and cost money. Many clients have come to me through the years and stated that the money did not matter to them, just the principal of the issue! When I tell them how much I and other lawyers charge by the hour it becomes obvious to them that the value of the lawsuit damages is very important.

    You can seek out your lawyer referral service to seek counsel. There are agencies of the State and Federal Government you may want to contact. Talk to a lawyer before you decide to sue someone for expert legal advice!

    Good Luck!

    Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship. The opinions expressed herein are those of the author only and the fact that he has worked as an Assistant District Attorney; State Supreme Court Clerk; Special Assistant United States Attorney (Hawaii); Assistant Cornell University Counsel or Judge Advocate, United States Marine Corps should not be relied upon to assume that these statements reflect the policy of these organizations.


  2. I would need to know more details to know whether or not this is possible, but generally if another party is not obeying the Court's orders you can file what is called a 'Motion for Order to Show Cause Why (Name of Person not Following Court's Order) Should Not Be Held in Contempt of Court'. By filing this you are asking the Court to hold a hearing to determine whether or not someone has violated the Court's orders, and whether they should be held in contempt of court for doing so.

    Being held in contempt can result in fines, imprisonment, etc. Depending on the circumstances you can also ask the Court to award you attorneys' fees and costs for having to bring the Motion.

    If you are serious about this I recommend that you hire an attorney.