What would be the expected time frame to have a contempt order heard in court if it were filed today?
It depends on the county and depends on what you filed.
If you filed a motion for contempt only, you will have to set it for an available court date for hearing. That could be a few weeks to a few months away depending on your county.
If you filed a motion for an order to appear and show cause, the judge generally will make a decision and issue an order to appear and show cause within a day or two. Then the court date for the other side to be heard in front of the judge will be set for a few weeks to a few months away.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you Anna, the case is in Wake county. The opposing party is threating me with filing a contempt of our 50/50 custody order. My kids 16,15,12,10 do not want to return to their mothers house. There are issues of substance abuse and psychological abuse when there. In the 50/50 order from 9/2018 we were ordered to have a parenting coordinator for a period of 1 year, we didn’t do that as we were both recovering from a very long expensive divorce and were able to agree on most issues until now. Does the original order have a time parameter to it? Opposing counsel is tell me I am in contempt if I don’t sign a document he has provided me appointing a PC because we were ordered to have a PC for 1 year. Should I be represented to agree to a PC or does the PC make all the decisions?
If your order states that you are to have a PC for one year, you should agree to the PC being appointed and sign a consent order to that effect.
You do not need to be represented to agree to the appointment of a PC.
A PC makes decisions when issues arise in which the parties disagree and those issues are not addressed in the court order. Any decision that a PC makes is binding and the parties must follow that decision as if a judge made it and it were memorialized in the court order.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.