Violation of consent order re: exparte,ED,custody


Dear Tracy27_NC:

Greetings. Yes, you are both in contempt of court if your agreement was placed into a consent order. You may be able to both voluntarily dismiss your litigation. It sounds to me as if you both resumed your marital relations, especially if you are still living there. No, it does not “nullify” your agreement, as only a voluntary dismissal can do that (if the consent was in a court order). Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

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 but a full discussion with an attorney should be undertaken before taking any action.


I was served with an emergency ex-parte order while in court for a 50B hearing that I took out against my husband. Before the hearing our attorneys drafted a consent order wherein my husband and I agreed to many things including that there would be no contact with each other except for exchanging the children. He was granted the home. When I went to the home to drop off the children, my husband and I spoke, and long story short - I spent the night and we planned to further discuss our relationship. We also had sex. I am wondering if this is resumption of marital relations, if this nullifies our agreement, and if we are in contempt of court. I need answers ASAP! Thanks!