my ex husband and his lawyer put together an emergency ex parte order and when it was denied, my ex, did what he wanted anyway. does anyone know if there are any consequences to his actions we live in Delaware.
2007-08-11 07:57:51 · 3 answers · asked by beeachygirl1 1 in Family & Relationships ➔ Marriage & Divorce
There could be very serious consequences, depending on the real issue involved. You have to contact a lawyer, and soon, and see the best way to handle this. Don't just talk about it, do it, and see that your rights are adequately represented.
"In the United States, the availability of ex parte orders or decrees from both federal and state courts is sharply limited by the Fifth and Fourteenth Amendments, which provide that a person shall not be deprived of any interest in liberty or property without due process of law. In practice this has been interpreted to require adequate notice of the request for judicial relief and an opportunity to be heard concerning the merits of such relief. A court order issued on the basis of an ex parte proceeding, therefore, will necessarily be temporary and interim in nature, and the person(s) affected by the order must be given an opportunity to contest the appropriateness of the order before it can be made permanent."
2007-08-11 08:02:24 · answer #1 · answered by John B 7 · 1⤊ 0⤋
If a person goes against any court order they are in contempt of court. You can file a petition for citation of contempt.
2007-08-11 08:02:55 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Shoot him.
2007-08-11 08:01:32 · answer #3 · answered by Joe L 4 · 0⤊ 3⤋