contempt, separate charge or ongoing?

[snostar]

What is the name of your state? NY

In Oct 2003 my son's father was found in contempt for not obeying a temporary restraining order (preventing him from removing our child from a NY town where the child has live since birth), and also for not requesting permission from the court to move out of state. We are still in the middle of a trial for over a year now. The judge also ordered (off the record) his lawyer to file an application requesting permission to move. To date, the application has not been filed and the TRO is still in effect and he still does not obey.

Can another charge of contempt be made separately but for the same reason?

Is this considered and ongoing contempt charge -(if that even exists)?

 

[Grace_Adler]

I might be totally wrong here and I sincerely apologize if I am. Hopefully someone will correct me nicely if I am.

I don't believe it would be considered an ongoing contempt charge if he was convicted once before. I believe then it would be like double jeopardy. I know double jeopardy can get slightly complicated like everything else and there may be certain exceptions to it, etc. I'm not saying it is double jeopardy but I believe the same concept applies. So, you would need to file again for contempt. I believe this would just be an additional offense so that means filing again.

Hope that made sense.

 

[snostar]

That makes sense

Same charge for the same order, just different time period. Thanks!

 

[hexeliebe]

Each and every occurance of a contempt of the SAME court order is a seperate and distinct charge of contempt.

If he violates the order (regardless of what type of order it is) 50 times in the same day, then you can file 50 separate contempt charges against him.

PERIOD!

 

[Grace_Adler]

Yeah, there ya go, that's what I was trying to say. LOL

You can't have one continuous contempt charge but you can file seperate and multiple ones per offense.