• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

order to show cause

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

G

gottadoit

Guest
What is the name of your state? TN
Received a copy from my attorney today, notifying respondent of a court date for him to explain why he shouldn't be held in contempt for not attending a parenting seminar. It's scheduled for the day before our divorce hearing.

There is a second sheet attached, listing my attorney's address, and his OLD address. He hasn't bothered changing his address with the court, and I'm sure he hasn't filed a change of address form with the post office.

Am I under any obligation to notify anyone about this? I have an order of protection against him, and the only thing I speak to him about is visitation with our children.
 


S

Shay-Pari'e

Senior Member
gottadoit said:
What is the name of your state? TN
Received a copy from my attorney today, notifying respondent of a court date for him to explain why he shouldn't be held in contempt for not attending a parenting seminar. It's scheduled for the day before our divorce hearing.

There is a second sheet attached, listing my attorney's address, and his OLD address. He hasn't bothered changing his address with the court, and I'm sure he hasn't filed a change of address form with the post office.

Am I under any obligation to notify anyone about this? I have an order of protection against him, and the only thing I speak to him about is visitation with our children.
Click to expand...
What the heck are you talking about? Notify who?, your the one that was searved. You got it from your very own attorney!
 
G

gottadoit

Guest
I am the plaintiff, he is the respondent. I got a COPY. It's for HIM to appear not me, I've been to the seminar and filed my certificate already, he hasn't. I wasn't searved, or served even.
 
S

Shay-Pari'e

Senior Member
gottadoit said:
I am the plaintiff, he is the respondent. I got a COPY. It's for HIM to appear not me, I've been to the seminar and filed my certificate already, he hasn't. I wasn't searved, or served even.
Click to expand...
OK, your post was a bit confusing. You are not obligated to tell the courts anything. If he doesn't get his stuff, that is his own fault.
 
Last edited:
S

Shay-Pari'e

Senior Member
Has your attorney adviced you about the "Proof of Service", that he must file? It may be in your best interest to speak with him on that.
 
G

gottadoit

Guest
The title of the attached sheet is "Certificate of service" and states: The undersigned hereby certifies that a true and exact copy of this Order has been placed in the United States Mail addressed to: " and then it lists my attorney's address and my stbx's address (the one that is no longer correct) and it's signed by the Circuit Court Clerk.

Not sure when you say "he must file" if you're referring to my lawyer, or husband. But this particular order was initiated by the court. We only had 60 days to attend the seminar and file our certificates. She (my attorney) filed mine already, and copy sent to husband at the correct address. That address is no longer correct for him because has moved in with his brother.
 
S

Shay-Pari'e

Senior Member
gottadoit said:
The title of the attached sheet is "Certificate of service" and states: The undersigned hereby certifies that a true and exact copy of this Order has been placed in the United States Mail addressed to: " and then it lists my attorney's address and my stbx's address (the one that is no longer correct) and it's signed by the Circuit Court Clerk.

Not sure when you say "he must file" if you're referring to my lawyer, or husband. But this particular order was initiated by the court. We only had 60 days to attend the seminar and file our certificates. She (my attorney) filed mine already, and copy sent to husband at the correct address. That address is no longer correct for him because has moved in with his brother.
Click to expand...

Your good to go. That was the proof of service. Your attorney will file it with the courts.
 
G

gottadoit

Guest
And, last question, please. Where do I look to find out what kind of sentence might be imposed if he's found guilty? I gather it would be civil contempt and not criminal contempt (fine vs jail)? I have looked at the website for the county courts here but it doesn't have any info like that-only that a parent who doesn't attend a parenting seminar can be found in contempt and not what they do about it. I'm learning my way around Tn Codes, but I haven't learned enough yet to know if this info is available there or somewhere else.
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top