STBX Violates Temporary Order?

[OhioanQ]

What is the name of your state (only U.S. law)? OH.

STBX disagrees with some parts of Magistrate's Order (Temporary Order), filed a response to TO, and refused to be responsible for those parts STBX disagreed. However, TO states that "The temporary order shall commence forthwith and be in effect until the final hearing of this action or until modified by Journal Entry or Magistrate's Order". Do I have a chance to file contempt? Thanks.

 

[mistoffolees]

Depends.

If the order is clear, and ex is violating it, and you can prove it, then you have a good chance of winning a contempt complaint. But since you haven't provided any details, it's hard to say.

But, ultimately, temporary orders need to be followed every bit as much as permanent orders. So if the judge has signed off on the temporary order, it must be obeyed.

Now, if Dad challenges part of the TO and wins, then he won't be charged with contempt. So it really comes down to whether he has a chance of winning - so, again, you'll need to provide more details.

 

[Ohiogal]

Depends.

If the order is clear, and ex is violating it, and you can prove it, then you have a good chance of winning a contempt complaint. But since you haven't provided any details, it's hard to say.

But, ultimately, temporary orders need to be followed every bit as much as permanent orders. So if the judge has signed off on the temporary order, it must be obeyed.

Now, if Dad challenges part of the TO and wins, then he won't be charged with contempt. So it really comes down to whether he has a chance of winning - so, again, you'll need to provide more details.

Actually no. When an objection is filed that normally STAYS the order itself. Hence, he cannot be in contempt for violating an order which has been stayed.

 

[mistoffolees]

Actually no. When an objection is filed that normally STAYS the order itself. Hence, he cannot be in contempt for violating an order which has been stayed.

I stand corrected.

 

[OhioanQ]

Depends.

If the order is clear, and ex is violating it, and you can prove it, then you have a good chance of winning a contempt complaint. But since you haven't provided any details, it's hard to say.

But, ultimately, temporary orders need to be followed every bit as much as permanent orders. So if the judge has signed off on the temporary order, it must be obeyed.

Now, if Dad challenges part of the TO and wins, then he won't be charged with contempt. So it really comes down to whether he has a chance of winning - so, again, you'll need to provide more details.

Thank both you & Ohiogal.

It's not serious issue, but some bills the TO assigned to STBX. So, "The temporary order shall commence forthwith and be in effect until the final hearing of this action or until modified by Journal Entry or Magistrate's Order" is meaningless?

 

[Ohiogal]

Thank both you & Ohiogal.

It's not serious issue, but some bills the TO assigned to STBX. So, "The temporary order shall commence forthwith and be in effect until the final hearing of this action or until modified by Journal Entry or Magistrate's Order" is meaningless?

No, it is NOT meaningless but IF your county automatically stays the order when it is objected to (look at your local rules and the docket) then the stay is a journal entry by process of law. If there is not an automatic stay OR it had not been objected to then it would be in effect until further order.

 

[mistoffolees]

No, it is NOT meaningless but IF your county automatically stays the order when it is objected to (look at your local rules and the docket) then the stay is a journal entry by process of law. If there is not an automatic stay OR it had not been objected to then it would be in effect until further order.

Or until the court overrules the objection, presumably.

 

[OhioanQ]

Thank you again!