contempt???

[TXdadof2]

TX case

I'm operating under temporary orders since June 9.  Final hearing set for Oct. 24.  Motion to modify set for Sept. 7, considering temporary orders were signed into place without my lawyer present and basically, by omission, didn't reflect what judge ordered from bench (you've responded to this in prior email).

These are the items where my STBX has specifically disregarded the injunctions listed in the temporary orders (that were proposed, submitted and signed by judge by her own attorney):

The parties are temporarily enjoined from:

1)  "incurring any indebtedness, other than legal expenses..."
     --I can prove that STBX has obtained credit cards during this period

2)  "opening or diverting mail addressed to other party"
      --I have an audio recording and proof from the individual that sent the information to me that the mail was sent specifically to my attention; STBX admits she opened it, claims she may have lost the envelope and responded with "sue me" (recorded on tape) when I questioned her.  This info contained personal financial info.

3)  "removing the children beyond XXX county, acting directly or in concert with others."
     --I believe this was a mistake by her attorney.  Nonetheless, considering that they listed this in their own proposed set of temporary orders and had it signed into place, she is violating this (I have lots of proof) because she didn't specify that they shouldn't be removed from the county for purposes of residence.  My attorney couldn't figure out if they meant to do this to try and restrict me or if they messed up.  Nonetheless, she's in violation (repeatedly).

4)  "it is ordered that STBX shall continue coverage until July 2, 2004"
     --I went to take the children to their pediatrician on June 29, 2004 and found out the insurance had been canceled for non-payment.  I have lots of written proof.  Despite the Court's orders, we did not have insurance until my Court-ordered insurance kicked in.

5)  "withdrawing the children from enrollment in school or day-care facility where they are currently enrolled"
     --we have used the same nanny for three years (in lieu of a day-care facility) and she recently fired the nanny (who had reduced her pay to $5/hour to remain as the caretaker for the children).  I have proof of the nanny's attempt to convince STBX that no childcare arrangement would be more affordable than her reduced hourly rate.


Questions to you:

1)  Considering that I have documentation and multiple sources of proof that would prove perjury if she denied any of the "infractions", how much weight does the Court usually give to violations of the injunctions as listed above?

2)  I have multiple recordings that show STBX as flippant and arrogant regarding the Court's orders and her disregard for such.  In your experience, does this have an impact on the final outcome?

[socrateaser]

>1)  "incurring any indebtedness, other than legal
>expenses..."
>     --I can prove that STBX has obtained credit cards during
>this period

di minimis non curat lex (the law does not deal in trifles). Unless she put your name on the card as coborrower, and then charged up a fortune, it's irrelevant.

>
>2)  "opening or diverting mail addressed to other party"
>      --I have an audio recording and proof from the
>individual that sent the information to me that the mail was
>sent specifically to my attention; STBX admits she opened it,
>claims she may have lost the envelope and responded with "sue
>me" (recorded on tape) when I questioned her.  This info
>contained personal financial info.

The audio recording may or may not be admissible, depending upon how it was obtained and whether the other party gave implied or express consent to its making. If the admission was recorded in the manner that you suggest, then I believe that you would have good grounds for contempt, as well as a federal criminal complaint to the U.S. Postal Inspector.
>
>3)  "removing the children beyond XXX county, acting directly
>or in concert with others."
>     --I believe this was a mistake by her attorney.
>Nonetheless, considering that they listed this in their own
>proposed set of temporary orders and had it signed into place,
>she is violating this (I have lots of proof) because she
>didn't specify that they shouldn't be removed from the county
>for purposes of residence.  My attorney couldn't figure out if
>they meant to do this to try and restrict me or if they messed
>up.  Nonetheless, she's in violation (repeatedly).

This sort of thing can be difficult to prove if you have no objective third party evidence to support it.

>
>4)  "it is ordered that STBX shall continue coverage until
>July 2, 2004"
>     --I went to take the children to their pediatrician on
>June 29, 2004 and found out the insurance had been canceled
>for non-payment.  I have lots of written proof.  Despite the
>Court's orders, we did not have insurance until my
>Court-ordered insurance kicked in.

Contempt must be willful. If she complains that she was unable to pay because you aren't paying support (as an example) then she will not be found in contempt -- and you may be instead.


>
>5)  "withdrawing the children from enrollment in school or
>day-care facility where they are currently enrolled"
>     --we have used the same nanny for three years (in lieu of
>a day-care facility) and she recently fired the nanny (who had
>reduced her pay to $5/hour to remain as the caretaker for the
>children).  I have proof of the nanny's attempt to convince
>STBX that no childcare arrangement would be more affordable
>than her reduced hourly rate.

A nanny is not a "day care facility." This is not contempt.

>
>
>Questions to you:
>
>1)  Considering that I have documentation and multiple sources
>of proof that would prove perjury if she denied any of the
>"infractions", how much weight does the Court usually give to
>violations of the injunctions as listed above?

See comments beneath each proffered statement of evidence above.

>
>2)  I have multiple recordings that show STBX as flippant and
>arrogant regarding the Court's orders and her disregard for
>such.  In your experience, does this have an impact on the
>final outcome?

If the recording was made legally and is admissible as evidence, then it could be great. If not, you could find yourself with no evidence and a charge of criminal interception of electronic communication.