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Author Topic: Contempt?  (Read 987 times)

forthekids24

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Contempt?
« on: Mar 14, 2006, 11:42:47 AM »
Santa Clara County, CA

NCP is refusing to pay her share of the court ordered amounts for the children.  

NCP claims her lawyer told her not to pay these amounts.

1)  Contempt is to wilfully disregard a court order correct?

2) Would her laywer really tell her to violate a court order?

Thanks!
FTK


socrateaser

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RE: Contempt?
« Reply #1 on: Mar 14, 2006, 02:31:14 PM »

>1)  Contempt is to wilfully disregard a court order correct?

yes.

>
>2) Would her laywer really tell her to violate a court order?

I'm not a medium. It violates the CA Rules of Professional Conduct for an attorney to encourage or assist a client in a violation of the law except where defending an allegation of a crime already committed, or where the attorney can make a good faith argument that the law is invalid or unenforceable.

So, if the attorney doesn't believe, in good faith, that the other parent's actions/omissions are in violation of the order, then the attorney can advise that parent to violate the order.

 

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