Another about contempt

[Kevinswife]

 Hi Soc,

Thank you so much for your prompt answers. You are very much appreciated.

My husbands ex was ordered by the judge to meet my step daughter at her house today at noon. My step daughter shows up and her mother wants to argue. She says she is not argueing and the mother refuses her rights to her belongings. My step daughter turns to leave and the mother pushes her down and she scrapes her knee. She leaves as the mother is calling the police for my step daughter assulting her. She turned the whole situitation around and the police questioned my daughter but stated they believed her mother. My questions are.

1. How do we file a contempt for my step daughter to get her belongings?

2. If she has a restraining order against my step daughter can someone other than my step daughter take the court papers and pick up the stuff ordered by the judge?

3. She is appealing the decision and states that since she is appealing then she does not have to give over the belongings. Is this true?

4. What are the time limits for filing a comtempt?

5. My husband works out of town and will be gone for two weeks. Can I assist my step daughter in filing a contempt or will my husband have to since he was the defendant on the case?

Thank you very much for all of your help.

 

[socrateaser]

>1. How do we file a contempt for my step daughter to get her
>belongings?

Different rules in every state. You will need to find some template at your local law library or maybe the court family law facilitator's office can provide you with an example. I can help you fill in the blanks, but I can't give you the exact format for your jurisdiction.

>
>2. If she has a restraining order against my step daughter can
>someone other than my step daughter take the court papers and
>pick up the stuff ordered by the judge?

If you can arrange it with the mother, then yes. Otherwise, you may need to get another court order, specifying the conditions of the property transfer. I usually hire an off duty sheriff to supervise this sort of thing. That way there is a disinterested third party present as a witness, and as security to keep things from getting out of hand.

>
>3. She is appealing the decision and states that since she is
>appealing then she does not have to give over the belongings.
>Is this true?

Only if the court orders the existing order stayed on appeal, otherwise the order is valid and enforceable.
>
>4. What are the time limits for filing a comtempt?

Different in different States -- one year is a typical.

>
>5. My husband works out of town and will be gone for two
>weeks. Can I assist my step daughter in filing a contempt or
>will my husband have to since he was the defendant on the
>case?

Husband is the actual party, and the contempt is against Husband. Stepdaughter would have to file a motion to intervene before she could move for her own order to transfer the property.