Friday, August 2, 2013

Divorce Contempt Actions: Pre and Post Decree


Motion To Show Cause/Contempt

A “Motion to Show Cause” why a party should not be held in contempt of court shall state with specificity each provision of a prior court order with which a party allegedly has failed to comply, the date of such order, and the facts constituting the noncompliance. The motion shall be supported by an Affidavit signed by the party bringing the action. Show cause motions may be filed during pre decree divorce proceedings or post decree. The Ohio Revised Code sets out:

2705.02 Acts in contempt of court.

A person guilty of any of the following acts may be punished as for a contempt:

(A)  Disobedience of, or resistance to, a lawful writ, process, order, rule, judgment, or command of a court or officer…

The moving party (movant) must show failure of compliance with a valid court order. Proof of willful, purposeful or intentional noncompliance with a court order is not prerequisite to a finding of civil contempt. The trier of fact (Judge, Magistrate) will determine a finding of contempt based on clear and convincing evidence producing a firm belief or conviction regarding the facts to be established.
Once a prima facie case of contempt (sufficient evidence exists to support the case) is established by the movant, the contemnor (party held in contempt) has the burden of proving the defense of their inability to comply with the court order.

Defenses
An alleged contemnor makes a showing that they substantially complied with the order. Substantial compliance is grounded in evidence that one has taken all reasonable steps to comply with the court order(s) subject to a show cause motion. When one has exercised reasonable diligence and effort to comply with the order, “all reasonable steps”, a finding of substantial compliance may result.

An alleged contemnor has a viable defense when punishing noncompliance with the order would constitute punishing a nullity (holding a person in contempt for noncompliance with something null and void, with no force or effect).
Example: A decree of divorce often orders a party to convey a property by quitclaim deed, but, also provides that if the party fails to convey the rights to the property, the order of the court shall constitute and operate as such conveyance. A finding of contempt based on the requirement of a party signing and conveying a quitclaim deed would be punishing a nullity. In such a case, the quitclaim deed and the decree of divorce both have the same functions under Ohio law.

Presumptively, one should not conclude they are released by the decree conveyance language from their obligation to provide the signed quitclaim deed as ordered, but, if circumstances make timely compliance problematic (overseas transfer, deployment), alleged noncompliance may be regarded as a nullity, as the decree constitutes and operates as the instrument of conveyance.
When a person alleges contempt in a show cause motion and the person defending against the action can show the motion to be grounded in an improper purpose, such as, obviously serving merely to harass or maliciously injure the other party, the injured party can seek damages and sanctions. At times, it may appear a Show Cause motion is brought by a movant with unclean hands and in bad faith. Great caution and diligence must be exercised before pursing this option. See:


The above information is not offered as, and does not constitute, legal advice. The information presumes you are not currently represented by an attorney who knows your specific circumstances.

39 comments:

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  15. Hello viewers am here to let the world know about Dr, uzoya the Great spell caster that brought back my husband to me when i thought all hope was lost. Dr, uzoya used his powerful spell to put a smile on my face by bringing back my man with his spell, at first i thought i was dreaming when my husband came back to me on his knees begging me to forgive him and accept him back and ever since then he loves me more than i ever expected so i made a vow to my self that i will let the World know about Dr, uzoya because he is a God on earth. Do you have problems in your relationship ? have your partner broke up with you and you still love and want him back ? Do you have problem with your finance ? or do you need help of any kind then contact Dr, uzoya today for i give you 100% guarantee that he will help you just as he helped me. Dr, uzoya email is; driraborspellcaster@gmail.com OR call his mobile phone +1(301)909-8775   

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  18. All thanks to this great man called Dr Agbazara the great spell caster that bring back the joy in me by helping me to bring back my lover who break up with me Four months ago but now with me with the help of Dr Agbazara the great love spell caster. All thanks goes to him you can also contact him for help if you need him in times of troubles via: ( agbazara@gmail.com ) you can also WhatsApp: ( +2348104102662 )

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  19. How I got my husband back with love spell after a break up, I want to let the world know about Doctor Azaka the Great spell caster that brought back my husband to me when i thought all hope was lost. Doctor Azaka used his powerful spell to put a smile on my face by bringing back my man with his spell, at first i thought i was dreaming when my husband came back to me on his knees begging me to forgive him and accept him back and even since then he loves me more than i ever expected so i made a vow to my self the i will let the World know about Doctor Azaka because he is a God on earth. Do you have problems in your relationship ? have your partner broke up with you and you still love and want him back ? Do you have problem with your finance ? or do you need help of any kind then contact Doctor Azaka Spell temple today for i give you 100% guarantee that he will help you just as he helped me. Doctor Azaka Email is azakaspelltemple@gmail com or WhatsApp  +2349059389105  

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  21. A GREAT SPELL CASTER (DR. EMU) THAT HELP ME BRING BACK MY EX GIRLFRIEND.
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  25. Hi My name is Rebecca.i just want to share my experience with the world on how i got my love back and saved my marriage… I was married for 7 years with 4 kids and we lived happily until things started getting ugly and we had a fights and arguments almost every time… it got worse at a point that he filed for divorce… I tried my best to make him change his mind & stay with me cause i loved him with all my heart and didn’t want to loose him but everything just didn’t work out… he moved out of the house and still went ahead to file for divorce… I pleaded and tried everything but still nothing worked. The breakthrough came when someone introduced me to this wonderful, great spell caster Dr Zuma, who eventually helped me out… I have never been a fan of things like this but just decided to try reluctantly cause I was desperate and left with no choice… He did special prayers and cast a love spell on him. Within 24hours he called me and was sorry for all the emotional trauma he had cost me, moved back to the house and we continue to live happily, the kids are happy too and we are expecting our fourth child… I have introduced him to a lot of couples with problems across the world and they have had good news… Just thought I should share my experience cause I strongly believe someone out there needs it… You can contact him on spiritualherbalisthealing@gmail.com whatsapp +15068001647

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  28. My Boyfriend started going out with other girls and showing me cold love, on several occasions he threatens to broke-up with me if I dare question him about his affair with other girls, I was totally devastated and confused until an old friend of mine told me about a spell caster on the internet Dr Ilekhojie who help people with their relationship and marriage problem by the powers of love Spells, At first I doubted If such thing ever exists but decided to give it a try, When I contact him, he told me everything I needed to do and I did and he helped me cast a reconciliation spell and within 28 Hours my boyfriend came back to me and started apologizing, now he has stopped going out with girls and he is with me for good. Here’s his contact.. CALL/WHATSAPP: +2348147400259 Email: (gethelp05@gmail.com)

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  29. I Finally Got Helped !! I'm so excited right now, I just have to share my testimony on this Forum.. The feeling of being loved takes away so much burden from our shoulders. I had all this but I made a big mistake when I cheated on my husband with another man and my husband left me for over 4 months after he found out.. I was lonely, sad and devastated. Luckily I was directed to a very powerful spell caster Dr Ilekhojie who helped me cast a spell of reconciliation on our Relationship and he brought back my husband and now he loves me far more than ever.. I'm so happy with life now. Thank you so much Dr Ilekhojie, kindly Contact Dr Ilekhojie now Via Email gethelp05@gmail.com or Call/WhatsApp +2348147400259

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  30. Love never gives up, never loses faith, is always hopeful, and endures through every circumstances. I was the last person on earth to accept the fact that spells exist or work not until I was referred to Dr Ilekhojie who has helped so many people with his powerful spells. I had no other option than to give it a try because 3 months after the divorce, I was demoted at my place of work due to depression for I don’t know what to do to get him back but thank God for using Dr Ilekhojie to get my happiness and love life back within 48 hours. Just last week here, I was promoted back to my position and I’m here to share my own experience with this man called Dr Ilekhojie. I don’t know what you are going through today but know that in all situation there’s always a way out. Contact Dr Ilekhojie via TEXT OR WHATSAPP MESSENGER with: +234(81)47400-259 and Email on: gethelp05@gmail.com

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  31. My husband left me for a younger woman and I was devastated. It was as if she had him under an evil spell, Paul turned against me overnight without any warning. It happened last year, I was desperate so I used every single spell casting website that I could find with no results. A friend sent me the link to Dr. Ilekhojie site and I contacted him. He started working with me in June. As a result from all of his wonderful work, Paul is here right now beside me which is a dream come true. I’m so happy and privileged to have met Dr Ilekhojie. Thank you! If you have similar issues, kindly contact Dr Ilekhojie and be rest assured to get help WhatsApp on +2348147400259 or Email gethelp05@gmail.com

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  32. How I Got My Husband back... Am so excited to share my testimony of a spell caster who brought my husband back to me. My husband and I have been married for about 6 years now. We were happily married with two kids, a boy and a girl. 3 months ago, I started to notice some strange behavior from him and a few weeks later I found out that my husband is seeing someone else. He started coming home late from work, he hardly cared about me or the kids anymore, Sometimes he goes out and doesn't even come back home for about 2-3 days. I did all I could to rectify this problem but all to no avail. I became very worried and needed help. As I was browsing through the Internet one day, I came across a website that suggested that Dr.Odu adebayo can help solve marital problems, restore broken relationships and so on. So, I felt I should give him a try. I contacted(WhatsApp) him and told him my problems and he told me what to do and I did it and he did a spell for me. 48 hours later, my husband came to me and apologized for the wrongs he did and promised never to do it again. Ever since then, everything has returned back to normal. My family are living together happily again.. All thanks to Dr.odu adebayo If you have any problem contact him and I guarantee you that he will help you. He will not disappoint you. you can WhatsApp him(+2347055287754)or Email him at : poweroflovespell@gmail.com.

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  33. i am giving this testimony cos l am happy My name is Mrs. Santana Valdez from Houston,taxes.i never believed in love spells or magic until i met this spell caster once. when i went to Canada in June 28th 2021 this year on a business summit. i meet a man called Dr Zuma zuk.He is powerful he could help you cast a spells to bring back my love's gone, misbehaving lover looking for some one to love you, bring back lost money and magic money spell or spell for a good job. i'm now happy & a living testimony cos the man i had wanted to marry left me 3 weeks before our wedding and my life was upside down cos our relationship has been on for 2 years. i really loved him, but his mother was against me and he had no good paying job. so when i met this spell caster, i told him what happened and explained the situation of things to him.. at first i was undecided, skeptical and doubtful, but i just gave it a try. and in 6 days when i returned to taxes, my boyfriend (is now my husband ) he called me by himself and came to me apologizing that everything had been settled with his mom and family and he got a new job interview so we should get married..i didn't believe it cos the spell caster only asked for my name and my boyfriends name and all i wanted him to do. well we are happily married now and we are expecting our little kid, and my husband also got a new job and our lives became much better. in case anyone needs the spell caster for some help, email address spiritualherbalisthealing@gmail.com Great Zuma zuk i thank you very much thank you in 1000000 times.. if not you i would have been losted and wasted thank you. Email Him Through his email address... spiritualherbalisthealing@gmail.com please make sure you contact him for any financial difficulties okay...What a powerful man such as Dr Zuma zuk.. he is so much powerful..\\ email him for any difficulties.. spiritualherbalisthealing@gmail.com His whatsapp +15068001647

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