7 Comments Commercial law, litigation, contracts, IP, property law
If consent order were made, you must comply with them, but there is nothing stopping you from making a fresh application. This will cost you money and you need to be represented by a solicitor, see one to start the process, but comply with the existing orders till new ones are made or face a fine or if serious face being locked up. Contempt is a serious matter.
Like I said I did make an attempt to comply but the orders are too broad and they are trying to do more then what was agreed.
They want an all or nothing . I know the law says face fine or jail time but how often does that happen in a case that isnâ€™t that important or serious. Itâ€™s a personal matter .
What should I do? Can I file anything before a contempt is filed so I am not in contempt or do I wait until they file and defend myself. I canâ€™t afford a lawyer.[/QUOTE]
If you wait for the plaintiff to file, you will be fighting a charge of contempt. Your alleged grounds for contempt won't matter.. If you have deliberately ignored a court order, you will be found guilty of contempt
There are all kinds of consent orders to do with all kinds of matters in multiple jurisdictions.
Best advice is that you take the orders you have along to a solicitor or legal aid centre (possibly free) for some advice that is relevant to the kind of orders you have, & how best to proceed... An application to revoke or amend the orders may be possible
[QUOTE=Interested Soul] how often does that happen in a case that isnâ€™t that important or serious. Itâ€™s a personal matter . [/QUOTE]
I agree with Jaazzzz, but to answer you specific question, how often does that happen, I don't know, but I do know that courts take contempt very seriously, my cousin was ordered to make no contact with certain people, he thought it meant personal contact so he wrote them a letter, the court said he had breached the order and sent him to jail for 6 months. Cost him a fortune in the high court trying to have this sentence set aside, without luck, he ended up serving the whole 6 months to the day.