Stipulation and order on order to show cause in family law divorce cases. Can you file a motion for contempt of court?

Asked 8 months ago - Lake Elsinore, CA

The sale of a company truck that I put a down payment from my separate property money was to be deposited into the Respondent's attorney's trust account per the stipulation and order on order to show cause. The Respondent never deposited the money into the trust account. Can you file a motion for contempt of court?

Attorney answers (2)

  1. Holly J Moore

    Pro

    Contributor Level 10

    2

    Lawyers agree

    Answered . yes, anytime time there is a specific order, the person had proper notice of that order, and there is a willful violation of that order, contempt is proper. However keep in mind contempt can be a lengthy, very legally technical and expensive process and in the end it doesn't necessarily mean you get the result you want. It just means Respondent may be punished. There may be a better and more productive way to approach it through filing a request for order with a thoughtful request that actually ends with the result you are looking for.

  2. Edna Carroll Straus

    Contributor Level 20

    Answered . I quite agree with my colleague. But you did leave out a fact or two. The Respondent cannot deposit money into the attorney's trust account. he can fail to provide it to the attorney. If that is what happened t he attorney needs to be the one to hold his client accountable.

    You do not describe the facts that make you certain the sale took place, or the time that has passed (assuming there was a sale,)

    You need to either have an attorney or talk to the one you do have.

    All of Ms. Straus’ responses to questions posted on Avvo are intended as helpful information based upon the facts... more

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