How many times can an ex spouse file a motion of contempt?

Asked about 1 year ago - Atlanta, GA

I have an ex spouse who has primary custody of my daughter. She has filed one motion for contempt and it was dismissed. Is there a limitation to how many times she may be able to do this?

Attorney answers (4)

  1. Adriana Arguelles de la Torriente

    Pro

    Contributor Level 9

    3

    Lawyers agree

    Answered . It depends. If she filed a motion for contempt and then dismissed it without prejudice then she can file a new one on the same underlying facts. However, if she filed it and it was dismissed with prejudice or if the court heard her and then denied her contempt then she can not bring it on the same underlying facts.

    This post does not create an attorney client relationship. This attorney is only licensed in Georgia.
  2. Brad Elliott Macdonald

    Pro

    Contributor Level 4

    3

    Lawyers agree

    Answered . If your question is whether there is a way to prevent her from filing, the answer is: "NO." However, if your question is whether, or not, she can have you repeatedly held in contempt, then the answer is: "IT DEPENDS." The Court can hold you in contempt any time it determines that you have violated one of its orders. A good example of this is payment of child support or alimony, you could conceivably face a new contempt action every time a child support or alimony payment was missed. Of course, this would be horribly impractical and unlikely, but still possible.

  3. Anthony M. Zezima

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . No, she is entitled to file a motion for contempt as many times as the order is violated. You did not admit or deny any violations, so the question is premature.

    I am exclusively a family law attorney, practicing primarily in the metro Atlanta, Georgia trial courts. However,... more
  4. Stuart Gregory Steingraber

    Contributor Level 17

    1

    Lawyer agrees

    Answered . Unless the court is convinced her motions are being filed in bad faith, she can file contempt motions for each different act of contempt.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

31,007 answers this week

3,078 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,007 answers this week

3,078 attorneys answering