I went to court for reallocation of parental rights and was awarded custody. The same day, the opposing party filed a motion for contempt referencing the previous divorce decree/agreement. The magistrate reopened the case and i was found in contempt for not allowing my daughter to leave with her mother after 9pm to drive back to ohio from maryland. I am active duty and stationed currently in MD. The mother was to retrieve our daughter for her half of the summer in July 2019. She, for a number of unbelievable reason, didn't make it until late August 2019. We agreed upon a time of 2pm, and she did not arrive until closer to 9pm. Her reasoning for arriving so late was due to traffic. I told her and law enforcement that it was too late that evening and she could have her the next day. Well, she returned to ohio and shortly after the long awaited decision of parental rights was finally made in my favor. That very same day her attorney filed the motion for contempt AFTER the decision of the magistrate was filed. I went unrepresented and was found in contempt. My question is, can i legally be found in contempt for an order the was technically expired at time motion was filed?
The short answer is yes, you can be found in contempt. The question is what was in place at the time of the alleged violation. You don't mention what the sanctions were that were imposed for your violation. It may or may not be worth your consulting with a lawyer to see whether anything can be done about it now.
If in fact the order had expired by its terms than you cannot be in contempt of the order for actions after the expiration of the order.......
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