In Family Court does it matter if you file a motion to dismiss a proceeding or Response to Contempt based on unclean hands?

Asked almost 2 years ago - Atlanta, GA

My concern is if I just raise affirmative defenses in the respose to contempt, would I have basis for appeal if Judge fails to rule on unclean hands. Is it safer to file a Motion to dismiss that must be ruled on?

Attorney answers (3)

  1. Ashley Anne Digiulio

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . When filing Motion to Dismiss, it is very important to know your Judge. Some judges just like trials and will not dismiss unless your motion leaves absolutely nothing to question. If (as it sounds) you are dealing with a contempt complaint (you are the defendant), your next course of action has to be based on sound legal logic, and not just crafty maneuvering. A Motion to Dismiss is not a substitute for a solid answer with affirmative defenses, or vice versa. Think about taking a meeting with an attorney.

    The information you're reading is for general information purposes only. Nothing on this or associated pages,... more
  2. Elizabeth Marum

    Pro

    Contributor Level 8

    2

    Lawyers agree

    Answered . A judge is not going to dismiss a contempt based on an argument of unclean hands. If you have the grounds to file a Motion to Dismiss (lack of jurisdiction, failure to state a claim upon which relief can be granted, etc), then by all means do so. However, you will most likely have to have a hearing on your Motion to Dismiss. In my experience, the hearing on Contempt will be scheduled and the judge will decide on your Motion to Dismiss that day.

  3. Glen Edward Ashman

    Pro

    Contributor Level 20

    Answered . Your completely garbled colection of legal terms tell how bad an idea it is to proceed pro se. A judge would have no clue what you just said.

    No one here knows the facts of your case, as you chose to not give any, so there's no way one can tell you how to respond to a contempt, but there is one sure thing - people without lawyers in contempt cases typically have very bad days in court.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more

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

Get free answers from experienced attorneys.

 

Ask now

23,935 answers this week

2,798 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

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

23,935 answers this week

2,798 attorneys answering