Motion for Contempt

[spinner]

Hi,
I filed a Motion for Contempt, affidavit and order to show cause on my ex-wife.
I thought that the procedure was for her to file a responsive motion with her affidavit stating why she thought she was not in contempt of point A, B, .... However she didn't file such a motion nor affidavit.

What will then happen in court? is it the same as saying she isn't denying the fact? And so because of this I am not sure what to expect at the first hearing. The first hearing is usualy to review the motion and responsive motion and go for an evidentiary hearing.

Could you give me some details since I am going pro-se (and she is as well) as to what to expect because she failed to file her responsive motion?

[socrateaser]

>Hi,
>I filed a Motion for Contempt, affidavit and order to show
>cause on my ex-wife.
>I thought that the procedure was for her to file a responsive
>motion with her affidavit stating why she thought she was not
>in contempt of point A, B, .... However she didn't file such a
>motion nor affidavit.
>
>What will then happen in court? is it the same as saying she
>isn't denying the fact?

Your ex doesn't need to respond, because contempt is a quasi-criminal proceeding, and a declaration could be used as evidence against her, therefore she may remain silent, and the court cannot presume anything negative from her silence, because to do would violate the 5th Amendment privilege against self-incrimination.

As for what will happen in court, I can't tell you because you haven't provided any facts as to the nature of the charge(s) or the quality/quantity of your evidence proving those charges.