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What recourse do I have if the opposing attorney in a motion for contempt and to compel.

Pompano Beach, FL |

Attorney has stated an outright lie in his motion for contempt against me. What legal recourse is available to me???

Attorney Answers 5


To provide proof to the court that it is a lie.

You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family & criminal law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-377-6828. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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Hire a local attorney to assist you in defending the Motion for Contempt and to Compel and have them present evidence that the claims made by opposing counsel are not valid.

Contact through this site alone does not establish a client lawyer relationship. This information is not to be used as a substitute for consulting with an attorney. I or any of the attorneys at longwelllawyers would be happy to give a free consultation. Call 407-426-5757. Longwell Lawyers

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If the relief requested within the motion is based entirely upon the alleged lie you may be able to utilize Florida Statute 57.105 which states is pertinent part that: Upon the court's initiative or motion of any party, the court shall award a reasonable attorney's fee, including prejudgment interest, to be paid to the prevailing party in equal amounts by the losing party and the losing party's attorney on any claim or defense at any time during a civil proceeding or action in which the court finds that the losing party or the losing party's attorney knew or should have known that a claim or defense when initially presented to the court or at any time before trial:

(a) Was not supported by the material facts necessary to establish the claim or defense; or

(b) Would not be supported by the application of then-existing law to those material facts.

Be careful when utilizing this however, as there are rules governing when it may and may not be asserted and if you apply it incorrectly you could find yourself as the party required to pay the others attorneys fees and costs.


Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951

Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.

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The Court will set a hearing on a Motion for Contempt and you will have the opportunity to refute their claim in Court. You will testify as to the allegation, and submit any other evidence to disprove their claim (i.e. witnesses, documents). If you have documents proving their statement is a lie, you need to comply with the rules of evidence to ensure it will be accepted by the Court, so I would suggest consulting with an attorney to represent you at the hearing.

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When the contempt motion is heard, you can present evidence to the court that the allegations are false.

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