violation of a recent court ruling.

[John-J-Jay]

I have a recent court order whereby the judge ruled in my favor that I didn't have to produce certain documents such as my checking account statements thru discovery, mainly because I'm the custodial parent.

That being said my ex's atty has ignored the court order and ruling and has sent subpoena's to my banks to try to get this information. What can I do to this atty for breaching and violating a court order? how will this affect my ex's case in her attempt to try to regain custody that I've had for 9+ yrs? How will the court see her's atty failure to comply with the order and leave it alone?

[MixedBag]

If you have an order in hand, I'd send a copy to all of your banks and stuff.

None of us are attorneys who can say THIS is what is going to happen.

In court, I would ask that any questioning, motions, or whatever action they take as a result of violating the judge's order be denied and stricken from the record and that costs to defend their actions be awarded to you.

[mistoffolees]

Mixed Bag is right. Send your bank copies of the court order.  If your bank mistakenly gives them information, you can keep it out of the court record.

I would also report her attorney to the state Bar Association. That might take the wind out of his sails.

The next time you're in court, I would also ask for the judge to find the attorney in contempt. I can't say if that means anything, but it at least establishes that her attorney is not interested in following the court orders.

I'm not sure that it will reflect on our ex, though. She can claim that the attorney did it without her orders or misunderstood her orders. I don't know if that would fly, but it's at least plausible enough that it might get her out of a contempt charge.

But since no one here is an attorney (that I know of, anyway), ask your attorney that question the next time you see him.

[babyfat]

>I have a recent court order whereby the judge ruled in my
>favor that I didn't have to produce certain documents such as
>my checking account statements thru discovery, mainly because
>I'm the custodial parent.
>
>That being said my ex's atty has ignored the court order and
>ruling and has sent subpoena's to my banks to try to get this
>information. What can I do to this atty for breaching and
>violating a court order? how will this affect my ex's case in
>her attempt to try to regain custody that I've had for 9+ yrs?
>How will the court see her's atty failure to comply with the
>order and leave it alone?


First I would go to the banks and give them a copy of the judges order. What I'd like to know is how this lawyer was able to get a subpoena when the judge's court order said they can't have this info? Sounds like something underhanded and probably illegal. I'd have my lawyer look into that. Sounds like contempt to me but I'm not a lawyer. It also sounds like a breach of ethics. Go to the barr association for your state and read the ethics section if there is something specificly like that I'd quote it and file a complaint with the barr. As far as it affecting your ex's  attempt to gain custody... who really knows depends on the judge, and what else she is claiming. That alone will probably mean nothing it was her lawyers actions not hers.