How to defend contempt charges in family court

Asked over 2 years ago - Clermont, FL

My son's exwife has used the courts to try to somehow get even with him. She first started filing with Social Services and when those were all dismissed as unfounded, she then started filing contempt charges with the court. The one she repeatedly uses is one for him drinking beer in the presence of the children as that is particularly outlined in their agreement. The last judge found that the charges were hearsay and dismissed it. He took my grand daughter to dinner the last time they saw each other and without thinking ordered a draft to drink. His wife jumped right on it. the kids have been used as spies and are so tuned in on this situation that we caught my older grand-daughter (only 13) taking photos around the house. What can we do now with new judge?

Attorney answers (2)

  1. Brent Allan Rose

    Contributor Level 20


    Lawyer agrees

    Answered . Knowing that not drinking around the kids is outlined in the agreement, how you order a draft "without thinking"? I assume the agreement was drafted as written because he has alcohol problems, and I don't see an immediate way out of this one based on what you've written. I assume the previous allegations were dismissed because they were based on what the children told the ex, and the ex's testimony would be hearsay. Sounds like there is more evidence this time. He should hire a family law attorney immediately.

    The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy),... more
  2. Alejandro Rafael Lopez

    Contributor Level 15

    Answered . Is there a motion for contempt pending against him at this time for drinking the draft beer? If so, I agree with Mr. Rose, he would need to take his final judgment copy and copies of any contempt order(s) he has had entered against him before and have an in person consultation with a lawyer of his choice to see if he can obtain his/her representation. The outcome will depend on the language of the motion, the judge, the facts, and the presentation of the case. It appears there is much more from what you reflect about your granddaughter taking photographs around the house.

    Alejandro R. Lopez, Esq.
    Law Office of Alejandro R. Lopez, P.A.
    4465 Edgewater Dr.,
    Suite A
    Orlando, Fla. 32804
    (407) 649-1404

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