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We had filed a Motion for Contempt of Court, now I need to withdraw it. Do I file a Motion to Vacate, or a Motion to Withdraw?

Conway, AR |

We had filed a Motion for Contempt of Court. (the non-custodial parent wouldn't comply with standing Orders) The Defendant ended up getting herself arrested but still wants to answer the Contempt charges (risking going back to jail) and has set a trial date. The original Motion is now a moot point as she has lost a good portion of her visitation pending trial on drug related charges and trial would be a waste of time. Do we now file a Motion to withdraw the original complaint or a Motion to Vacate and ask the Judge for an Order to Vacate? Or does it really matter at this point?

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Attorney answers 1


You may file a motion to dismiss "without prejudice," which means you may re-file the motion if it turns out that the problem hasn't really been resolved. From your post, it isn't clear to me whether the issue is really moot if things are resolved pending the other party's criminal trial -- will it still be moot if the criminal charges are resolved in her favor in a few months?

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