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?
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, documents, comments, answers, or other communications should be taken as legal advice for any individual case or situation. Viewing the general information here does not constitute an attorney-client relationship. Please contact 770-309-9551 for additional questions or to schedule for your free phone consultation. If this question or answer pertains to bankruptcy, please be advised that we are a federal debt relief agency. One of our areas of practice is to help people file for bankruptcy relief and protection under the U.S. Bankruptcy Code.
Divorce / Separation Lawyer
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.
Divorce / Separation Lawyer
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 communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at firstname.lastname@example.org . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.