Contempt vs. Motion to Compel

[yolandanewell]

What is the name of your state? CA

What is the difference between the two of these? After filing for contempt and seeing the disaster that I caused - my attorney sorta scolded me at first for even going the direction of contempt. I know better now... but he mentioned "Motion to Compel".

Just curious as to the difference between the two - I understand that contempt is criminal (yes?) - what does a hearing for "motion to compel" consist of?

 

[CourtClerk]

Contempt can be civil or criminal. A motion to compel basically is a motion making him do something. Could be a motion to compel responses to interrogatories, or attendance at a hearing, or for the production of documents... could be anything.

You know what? You need to stop doing this on your own. You are making a mess out of it. If you have an attorney, let your attorney do the work. If you don't have an attorney, get one. With you doing a little bit by yourself, then trying to get CSSD involved, you are really making a mess. Figure out what course of action you want, and let the professionals handle it for you. You are way over your head.

 

[yolandanewell]

I am alllll lawyered up now!!!

I have retained a lawyer and he has GRATEFULLY taken the case - in spite of the fact that he knows that he has a huge trail of pro per disaster to clean up... he is tying up the loose ends and helping us to move forward...

His time is VERY expensive so I take notes as to what he says and the only thing I was curious about was with that motion to compel comment that he made.. everything else, I'm completely comfortable knowing that whatever he does is going to be the right thing... - the opportunity to be able to afford legal counsel just arose... so I'm happy for that...

I've driven you guys NUTS for the past year over this - sorry, yet grateful you were all there... we're in full force forward motion now.

Just wondering - in spite of his "scolding" I still believe it was under the umbrella of appropriate to file for contempt because of the DVRO violation combined with the years of non payment... I caused more of a problem by not digging deeper - as I was told here to do... and assumed that when we appeared in front of the judge.. that "hands down, you're right, he's wrong" would occur...

Anyway... thanks again for all of your help... I was in way too deep and understand that...

 

[yolandanewell]

Unbelievable outcome!!!!!

Today was the hearing for my exhusbands request to increase visitation - as well as the hearing to have him deemed a vexatious litigant... to make a long story short... he knocked all of us out of our chairs by signing over all of his visitation rights with our daughter. This was after the mediator refused to award him any changes to her orders after he continued with false claims of my being dangerous as he got louder and louder and more obnoxious... (I had all of my paperwork from the PD, CPS, emails from him, so on and so forth to prove every one of his allegations untruthful) - he then asked for a long cause hearing. Judge set that hearing with the understanding that Jeff would not contact nor be able to exercise his visitation nor file anymore motions until after the hearing - he set it for next Thursday 1/3/08. My ex-husband then requested that the hearing be set 6 months out and whipped out a letter stating that he wishes to have no contact with our daughter until after the hearing. He's now ordered to stay away from our daughter as well as ordered to not file any paperwork until after that hearing unless SUBSTANTIAL change of circumstance occurs. Hearing is set for next year 1/28/09.

After all of that... turns out my gut instinct was right... he couldn't get to me anymore (because I have an attorney) and his true goal was NOT to have additional time with the baby...

Thanks for all of your help here... CC - as usual... you were right... I'd made a mess out of it however it took one visit to the courtroom with my attorney and now - it's all over for a while. Mixed emotions about how he could just not see her at all - but relief because it was just getting worse and worse for her when she'd visit.

Just gotta keep moving forward!!!