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

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


  3. 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, I handle appeals from anywhere in Georgia.


  4. 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.

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