If I just finished settling a case brought against me by my daughters mother, can I now sue for contempt that occurred?
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If I just finished settling a case brought against me by my daughters mother, can I now sue for contempt that occurred?
I have multiple police reports showing denial of visitation. When I warned mother that I would bring the matter to court and she sued first with ludicrous accusations. We have settled the case. Can I now bring up the contempt issues that were not covered in her suit?
Asked on August 30, 2012 under Family Law, Ohio
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You do not "sue" based upon contempt. Contempt is a proceeding brought before a Judge regarding a violation of the Court's order. What can happen is that the court will throw the violator in jail but most likely what happens is that they are given a stern warning. You can bring the motion if she is denying visitation but if the new order covered visitation you should have probably said something during that proceeding. But I would consult with an attorney who can read all of your paperwork. It is hard in this forum. Good luck.
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