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OK, I need real advice this time. :p

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casa

Senior Member
Well, then he'll just start on a crusade to have me tossed in the pokey. Or the boobyhatch... he DID request that I be ordered to take a psych eval at the RO hearing last year.
Mine did that a few years ago too....and I said "Sure, why not?!" :D However, he looked like he'd seen a Ghost when the Judge explained HE would have to take one too! :cool: he he And Boy what a godsend that was! It was Sooooo nice not to have to try to prove to the court he was a Narcissist...so much easier when he did it himself via Demanding Psych. Testing.
 


CJane

Senior Member
CJane,

Its really important, in the first motion you posted above, to add, (before the numbered section) a short paragraph that specifically objects to the motion being dismissed.
Thank you. I went back to the document and realized I'd just copied and pasted the paragraph from my answer to their application for continuance. :eek:

So... how's this?

COMES NOW Respondent, CJANE, and answers Petitioner’s Motion to Dismiss Respondent’s Petition for Finding of Contempt of Court or, in the Alternative, Motion for More Definite and Certain Statement, filed with this Court on October 22, 2007.
Respondent objects to the Motion to Dismiss, and agrees to submit an Amended Petition for Finding of Contempt of Court: Definite and Certain Statement. Respondent further answers as follows:
 

JacobJoel

Member
Johnny come lately...

this guy is a freaking train wreck taking to long to happen. we should try praying it in.

NOT that anyone would do something like that, you know.
 

LdiJ

Senior Member
Thank you. I went back to the document and realized I'd just copied and pasted the paragraph from my answer to their application for continuance. :eek:

So... how's this?

COMES NOW Respondent, CJANE, and answers Petitioner’s Motion to Dismiss Respondent’s Petition for Finding of Contempt of Court or, in the Alternative, Motion for More Definite and Certain Statement, filed with this Court on October 22, 2007.
Respondent objects to the Motion to Dismiss, and agrees to submit an Amended Petition for Finding of Contempt of Court: Definite and Certain Statement. Respondent further answers as follows:
That looks good to me!
 

TinkerBelleLuvr

Senior Member
I am totally impressed by your ability to go pro se, Ms CJane. I guess I'm not willing to attempt that feat - guess I've watched my X be obliterated by my attorney when he's tried. Granted, he didn't do the homework that you have. He's just tried to modify all the motions that got thrown at him without do the legwork to support it.
 

GatorLaw

Member
White v. Hutton, 240 S.W.2d 193

Here is a paragraph excerpt from the White v. Hutton, 240 S.W.2d 193:

Several well settled principles of law must be borne in mind as we approach the consideration of the very vital question next confronding us-the legality of the petitioner's imprisonment, to be determined from the face of the record aforesaid. Judgments for contempt can be attacked in habeas corpus for want of jurisdiction of the court to render the particular judgment even though the court have jurisdiction over the person and subject matter. “Nor can the court make contempt of that which is not contempt. And every attempt to do so would be in excess of authority or jurisdiction, as much so as if the court had no authority or power to punish for contempt, either in relation to the person or subject-matter. There must be contempt in order to justify punishment for that offense. ‘There are three essential elements necessary to render conviction valid. These are that the court may have jurisdiction over the subject-matter, the person of the defendant and the authority to render the particular judgment. If either of these essential elements are lacking, the judgment is fatally defective, and the prisoner held under such judgment may be released on habeas corpus”’. Ex parte Creasy, supra, 243 Mo. at page 690, 148 S.W. at page 920. Statutory enactments as to what shall constitute contempt should be strictly construed. 17 C.J.S., Contempt, § 8, page 10. Nor can any contempt charge be based on mere nonpayment of a money judgment. The punishment as for contempt of a judgment debtor for his refusal to obey a judgment has no application to judgments for the mere payment of money. Section 1268, R.S.Mo. 1939, Sec. 511.340, R.S.Mo. 1949. Imprisonment for debt would violate the federal and state constitutions, under the familiar provisions thereof not necessary here to cite. A commitment for indirect contempt must state the particular circumstances of the offense. Section 2031, R.S.Mo. 1939, Section 476.140, R.S.Mo. 1949. The conclusions of the court on the citation will not suffice. In contempt cases it is facts and circumstances which go to make the contempt which must be set forth and not the legal conclusions of the judge as to what are the facts and circumstances. Ex parte Creasy, supra, 243 Mo. at pages 702, 704, 148 S.W. 914. A commitment for contempt based on a void judgment is itself void. ‘It is useless to suggest authorities to the effect that a commitment issued upon a void judgment is not a valid commitment. Its value as a writ is destroyed by showing that a void judgment is its sole foundation’. In Matter of Fowler, 310 Mo. 339, 351, 275 S.W. 529, 532.
 

CJane

Senior Member
Here is a paragraph excerpt from the White v. Hutton, 240 S.W.2d 193:

Several well settled principles of law must be borne in mind as we approach the consideration of the very vital question next confronding us-the legality of the petitioner's imprisonment, to be determined from the face of the record aforesaid. Judgments for contempt can be attacked in habeas corpus for want of jurisdiction of the court to render the particular judgment even though the court have jurisdiction over the person and subject matter. “Nor can the court make contempt of that which is not contempt. And every attempt to do so would be in excess of authority or jurisdiction, as much so as if the court had no authority or power to punish for contempt, either in relation to the person or subject-matter. There must be contempt in order to justify punishment for that offense. ‘There are three essential elements necessary to render conviction valid. These are that the court may have jurisdiction over the subject-matter, the person of the defendant and the authority to render the particular judgment. If either of these essential elements are lacking, the judgment is fatally defective, and the prisoner held under such judgment may be released on habeas corpus”’. Ex parte Creasy, supra, 243 Mo. at page 690, 148 S.W. at page 920. Statutory enactments as to what shall constitute contempt should be strictly construed. 17 C.J.S., Contempt, § 8, page 10. Nor can any contempt charge be based on mere nonpayment of a money judgment. The punishment as for contempt of a judgment debtor for his refusal to obey a judgment has no application to judgments for the mere payment of money. Section 1268, R.S.Mo. 1939, Sec. 511.340, R.S.Mo. 1949. Imprisonment for debt would violate the federal and state constitutions, under the familiar provisions thereof not necessary here to cite. A commitment for indirect contempt must state the particular circumstances of the offense. Section 2031, R.S.Mo. 1939, Section 476.140, R.S.Mo. 1949. The conclusions of the court on the citation will not suffice. In contempt cases it is facts and circumstances which go to make the contempt which must be set forth and not the legal conclusions of the judge as to what are the facts and circumstances. Ex parte Creasy, supra, 243 Mo. at pages 702, 704, 148 S.W. 914. A commitment for contempt based on a void judgment is itself void. ‘It is useless to suggest authorities to the effect that a commitment issued upon a void judgment is not a valid commitment. Its value as a writ is destroyed by showing that a void judgment is its sole foundation’. In Matter of Fowler, 310 Mo. 339, 351, 275 S.W. 529, 532.
Thank you! Where did you find it?
 

CJane

Senior Member
I am totally impressed by your ability to go pro se, Ms CJane. I guess I'm not willing to attempt that feat - guess I've watched my X be obliterated by my attorney when he's tried. Granted, he didn't do the homework that you have. He's just tried to modify all the motions that got thrown at him without do the legwork to support it.
Well, I haven't been successful yet... and while I AM pro se it isn't as if I haven't picked every single available brain from this site. I think there's a large portion of the posting population (nice alliteration, eh?) that has contributed immensely to every single thing I've filed.
 

LdiJ

Senior Member
Well, I haven't been successful yet... and while I AM pro se it isn't as if I haven't picked every single available brain from this site. I think there's a large portion of the posting population (nice alliteration, eh?) that has contributed immensely to every single thing I've filed.
While that might be true, its also true that you not only "get" how it works, but you "get" what you do and don't know, and "get" how to find out the information that you need...and not all of it comes from this board.

After all...there was one former senior member who who trashed you regularly. Thank God that you didn't listen to her.
 

onebreath

Member
Hi MJane,

I am a rookie pro se, would you mind giving me some tips on how to research online. Is Findlaw your main search engine? I also admire your ability to go into this with your feet on the ground legally...I hesitate to ask how much time it takes, whatever time it takes is worth it for kids. I cannot help but hope your are at least as much, if not more on top of it then your ex's attorney...hopefully a big suprise to counter their accusations. Wish I had more to offer, but as I said, I am a rookie and I am just trying to get familiar with how to do research on my own...but I believe we should all be able to represent ourselves frankly...if we wish to...best wishes on your case. M.
 

CJane

Senior Member
While that might be true, its also true that you not only "get" how it works, but you "get" what you do and don't know, and "get" how to find out the information that you need...and not all of it comes from this board.

After all...there was one former senior member who who trashed you regularly. Thank God that you didn't listen to her.
Well, all of that is true. I just hope it pays off.

I made it to the courthouse to file my answers w/one minute to spare last night.

Onebreath - I only use Findlaw to look for caselaw. I have read the missouri statutes about a billion times, and I pay attention to probably every thread posted here for bits of information. But I am VERY good at research and VERY good at analyzing data. I think those are probably lifesaving traits for going pro se.

Casa ~ I never understood her hatred of me either... and it started on day one.
 

Golfball

Member
Hi MJane,

I am a rookie pro se, would you mind giving me some tips on how to research online. Is Findlaw your main search engine?
Not everything is listed on Findlaw, (although it's great for searching US Supreme Court opinions), it's sometimes easier to search the relevant state court's website for relevant opinions, they're getting better about posting those, and the two I've pawed through with some regularity do have some form of indexing or searching.

The state legislature's website (or Findlaw, for that matter) is an excellent source for statutes.

You'd also need to familiarize yourself with the state (usually part of the statutes) rules of civil procedure, as well as the local rules of procedure. Domestic law may have additional rules of procedure.
 

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