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

Asked about 2 years ago - 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)

  1. Ophelia Genarina Bernal-Mora

    Pro

    Contributor Level 19

    5

    Lawyers agree

    Answered . 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... more
  2. Brittney Cecilia Gutin

    Contributor Level 11

    3

    Lawyers agree

    Answered . 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... more
  3. Daniel A. Bachert

    Contributor Level 14

    2

    Lawyers agree

    Answered . 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.

    Sincerely,

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

    Please be aware and advised that this public forum is designed to provide only general information, to give you a... more
  4. Gwen Cryer

    Pro

    Contributor Level 10

    2

    Lawyers agree

    Answered . 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.

  5. Sema Yildirim

    Contributor Level 13

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

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