What constitutes contempt so that someone may file a motion to show cause on you? is it for not answering letter in writing

Asked almost 2 years ago - Bend, OR

can I be brought in contempt for not answering a request in writing? do I have to legally answer all requests from spouse now we are in divorce process? it is not a request for discovery, its other issues. can I ignore his frivelous relentless requests? do I have to answer? do I have to answer in writing? can a phone call be enough legally between attorneys? if I have to answer do I have to go through attorney? can I send response to his? there is a TRO against him so he can't directly call and harrass asking for frivelous stuff so he does it through legal system? he threatens to file motion to show cause if he doesnt get what he wants even though his requests are not reasonable or can be done because some of them dont make sense or just crazy and not compliable which is why he makes them.

Attorney answers (2)

  1. Jay Bodzin

    Contributor Level 20

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    Lawyer agrees

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    Answered . In order:

    Contempt is willful violation of a court's order. Merely not replying to a discovery request is not contempt; however, you are obligated to reply to all requests for discovery,even those you believe to be 'frivolous.'

    If you believe that a request for discovery asks for materials which you should not have to provide under the Oregon Rules of Evidence, then you should reply with an objection to the request, grounded in those Rules. If you fail to object timely, then you may lose the right to object to the request at all, so it's important to do it promptly.

    You should reply in writing - you want to be able to document all of your communications, so there's no he-said-she-said arguments later. If you fail to reply to a discovery request, the other side has the right to ask the court for an order compelling discovery; failing to comply with such an order would be contempt.

    Restraining orders do not prohibit contact through litigation which one has a right to undertake, such as a divorce. If your husband is doing this, you should hire an attorney to deal with it for you. You can call the Oregon State Bar for a free referral at 503-684-3763.

    Nothing posted on this site is intended to create an attorney-client relationship. Each case is unique. You are... more
  2. Virginia Giselle Alvarez

    Contributor Level 16

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    Lawyer agrees

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    Answered . An attormeynwill need to review your court order to tell you if you are in violation. Mi am sorry your are going through this. If it is frivolous and the requests have no basis but to harass or annoy he may be in violation of your restraining order. Again an Attormey will want to see the orders as well as the communications.

    Good luck to you.

    The above answer does not constitute an attorney client relationship and/ or retention of counsel. This answer is... more

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