went down for a dvpo hearing. (ex parte was denied) wifes attorney asked if i would take a no contact agreement. i looked at it we worked out the details then the clerk rejected it and she comes to me and says i have to check the box admitting i committed domestic violence. i said i would not do it and she asked the judge if she would continue based on the attached agreement the judge dose with no orders in place. no findings either. the problem is the plaintiff has violated the agreement 11 times between the 16th at 1pm and the 21st at 8 am. 2 times within 8 hours of leaving the courtroom. my question is since i have no recourse to have contempt charges brought. is the agreement now null and void. if it is not enforceable for the plaintiff is it enforceable against me? i have a deadline to remove items from the house. i arranged to do so with plaintiffs counsel in writing this weekend. 99% of the stuff on the list was not made available. what do i do now?
It sounds as if you entered into a Domestic Violence Order by Consent. If so the order stands, and the Plaintiff is not prevented from contacting you, only you from contacting her. I suggest you arrange for a deputy to accompany you to the residence to remove your belongings on the appointed date to avoid problems with the Plaintiff.
there is no order. i have not had a hearing yet. her attorney continued based on a mutual no contact agreement the agreement states in every paragraph neither the plaintiff nor the defendant shall______________. we are only allowed to communicate by email or fax except in clearly defined emergencies. i did arrange a date to pick up my stuff but she did not leave it in the garage after her attorney told her too. i was told i can not get a deputy without a judges order and since we do not go back to court before 1/27/10 i can only get my personal possessions if she makes them available.
the topics we are allowed to discuss are selling the house and repairs of the property. and the children visitation changes etc.
i have not broken the deal she has 11 times in 4 days. the paper from the judge clearly states no order no findings.
You may file a motion for contempt and seek that the court punish or fine her for violating the no contact order, though I doubt it can be set for hearing before your next court date.
that was what i was told when i went to the clerks office. she said i would have to wait till court and because there was no order in place according to her that i could not bring her up on contempt. of course the agreement says if we come up with a settlement then the whole thing goes away.
so that is what i was asking if the clerk is right and i can not enforce the agreement because there is not an order or finding and she has breached the agreement do i still have to honor it?
if i do honor it and i am exonerated in a hearing do i have any legal recourse vs her and her attorney?
can i get a deputy to let me in without a judges order to do so?
If there is no order you cannot file for contempt. The clerk is correct.
Regardless of what the Plaintiff is doing, you should abide by the terms of the agreement as it is a contract. You need a judge’s order to return to the home with a deputy.
I wish you the best.