Asked 4 months ago - Buford, GAFlag
I was granted the house and kids. He couldn't change anything as far as keeping the kids on insurance, auto insurance and anything else that was already set in place. He called the mortgage company to cancel our trial modification on the house. My question is, Is he in contempt? Can he be arrested?
People are not arrested for violating court orders, unless a contempt is filed and a judge decides on that remedy. No one here has read your order so no one here can tell you if his conduct is contempt. One person can answer you (your lawyer). If you do not have one, you are long overdue to retain one to deal with these issues.
Only the judge can say definitively whether or not a person is in contempt of a court order. For an attorney to tell you the likelihood of a judge finding him in contempt, that attorney would need to know precisely what your order says and a little about why he did what he did. Thus, this question should be directed to the attorney that represented you in the divorce. If that attorney is not available (or if you did not have one), you would need to sit down with another local attorney.
I hope this information helps answer your question(s).
~ Kem Eyo
Unfortunately this is not a question that can be answered without a lot more information. This situation would need a lawyer to review as there are both Civil and Criminal penalties for violation of a TPO/ Restraining order depending on the situation that order comes from. If this conduct is going on you need to have a lawyer representing you to deal with it.
24,941 answers this week
2,592 professionals answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary