Ignoring an injunction

[NeilTheCop]

Direct contempt is in the presence of the court. Indirect contempt is outside court.

That's what I posted in #1

 

[NeilTheCop]

Print out extra copies of the injunction, park your car or truck so it blocks the road, hand out copies of the injunction, call the police if they give you a hard time.

Otherwise it's going to be months before you can get the court to do anything and the manure people will probably ignore that, too.

I walked down to the manure piles and gave the driver of the front loader a copy of the injunction last Monday.
It's now the 19th and the trucks started at 05:20 this morning.

 

[NeilTheCop]

Otherwise it's going to be months before you can get the court to do anything and the manure people will probably ignore that, too.

Is there no way that I can have this motion put on the judges desk ASAP? After all, they are thumbing their noses at him personally

 

[quincy]

That's what I posted in #1

Yes. LdiJ was confused about direct and indirect contempt. My post was for her benefit.

 

[quincy]

Is there no way that I can have this motion put on the judges desk ASAP? After all, they are thumbing their noses at him personally

No.

 

[NeilTheCop]

No.

Pity, but thanks anyway.

 

[Mass_Shyster]

Is there no way that I can have this motion put on the judges desk ASAP? After all, they are thumbing their noses at him personally

File an emergency motion for sanctions and contempt of court. Attach a list of the dates and times of each truck passing.

 

[NeilTheCop]

File an emergency motion for sanctions and contempt of court. Attach a list of the dates and times of each truck passing.

Thanks, let me look up how that's done.

 

[quincy]

Thanks, let me look up how that's done.

You would start with a Motion for Order to Show Cause personally served on your neighbor and then file a Request for Hearing on your motion with the court.

You will be looking for monetary sanctions from the court.

 

[NeilTheCop]

You would start with a Motion for Order to Show Cause personally served on your neighbor and then file a Request for Hearing on your motion with the court.

You will be looking for monetary sanctions from the court.

Would I have to give a specific monetary figure or can I leave that to the discretion of the court?

 

[quincy]

Would I have to give a specific monetary figure or can I leave that to the discretion of the court?

You will want to attach an Affidavit asking the court for whatever you want the court to do, and attach supporting documents and facts of the case. The court ultimately will decide what to do (e.g., what sanctions to impose, if any).

You should consult with an attorney in New Mexico.

 

[LdiJ]

That's what I posted in #1

He was explaining it to me. I did not realize that direct and indirect contempt defined in court vs outside of court contempt.

 

[quincy]

He was explaining it to me. I did not realize that direct and indirect contempt defined in court vs outside of court contempt.

What Neil has described appears to be a clear violation of the injunction but, yes, it is an indirect contempt of the court when outside the immediate view and presence of the court.

Indirect contempts generally occur when a party fails to or refuses to obey a court order or injunction or a decree of the court. Direct contempts are offenses occurring in court against the dignity of the court.

 

[NeilTheCop]

The word may have filtered down the grapevine as the trucks have now stopped.
I'm going to file the motion for contempt and to have the original preliminary injunction modified to require the defendant to install a physical barrier.
I emailed the defendant's attorney and asked if he would object to the motion, as required by the rules of civil procedure, but so far, no reply.
Looking at Rule 7-304 it just says to ask if the motion will be opposed, but gives not indication on how long I'm required to wait for an answer before filing.

 

[quincy]

The word may have filtered down the grapevine as the trucks have now stopped.
I'm going to file the motion for contempt and to have the original preliminary injunction modified to require the defendant to install a physical barrier.
I emailed the defendant's attorney and asked if he would object to the motion, as required by the rules of civil procedure, but so far, no reply.
Looking at Rule 7-304 it just says to ask if the motion will be opposed, but gives not indication on how long I'm required to wait for an answer before filing.

It is good to hear that the trucks for now have stopped using the road that borders your property.