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If I drop Contempt of Court charges, could I re-file the same ones in the future?

Venice, CA |

I filed for Contempt of Court re: child support. The arraignment is in a couple of weeks. If I drop the charges prior to the hearing, would I be able to re-file the same charges in the future (if needed)?

I understand this is nothing to "play" with but am considering dropping the charges but want to be able to re-file in the event the person does not follow through with paying the court orders.

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Attorney answers 2

Posted

So long as the petitioner is dismissed without prejudice you can.

The above is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.

Asker

Posted

Does that mean that when I request (the Petitioner) for the dismissal, I ask for it to be dropped without prejudice? Thank you

Joseph Land

Joseph Land

Posted

Yes. You can and should ask for it. And it will likely be granted.

Asker

Posted

thank you - I appreciate it.

Posted

Contempt of court is never a good option. it SOUNDS good-- but it's not. That said, yes, you can drop this mess. DCSS will enforce the orders better than you can.

Ms. Straus (aka Carroll) may be reached at 800-400-8978 during regular business hours, Pacific Time, or anytime by email at: ECSEsquire@AOL.com. All of Ms. Straus’ responses to questions posted on Avvo are intended as helpful information based upon the facts stated in the question, and are not to be relied upon as a final legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus is licensed to practice law in California. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state, and retain him or her. Me Straus provides “unbundled” services if you need specific assistance with a specific issue.

Asker

Posted

Thank you - I appreciate your answer. It is way more complex than I thought it would be. Judge said he's entitled to a jury because of the number of counts.

Edna Carroll Straus

Edna Carroll Straus

Posted

As I said-- contempt sounds better than it is. DCSS has the resources ti chase the money you are owed.