Served with a petition for violation of injunction... what does it mean?

Family Law
1

I’ve been served with a petition for violation of an injunction and a show cause order. The petitioner claims that I violated the injunction by making negative remarks in my pleadings. I believe I have a right to defend myself, but she says my discovery questions are a violation. I’d like to know how I should proceed and what the next steps are.

2

It sounds like the petitioner is challenging the way you worded your interrogatories, which is probably what the ‘show cause’ part refers to. You can defend yourself, but the court won’t allow unnecessary disparagement of the other party. The judge will determine if your questions are valid.

3

@Jamie
I asked questions like, ‘How do you sleep at night?’ and ‘How do you live with yourself?’ I realize now those aren’t proper for court. Should I file a motion to withdraw them?

4

@Ty
Got it. I’ll submit the motion. Can I argue that they weren’t drafted in the proper format, so they’re not effective?

5

If your interrogatories aren’t based on facts and are more argumentative, the court will likely throw them out anyway. Filing a motion to withdraw is the right step.

6

Adair said:
If your interrogatories aren’t based on facts and are more argumentative, the court will likely throw them out anyway. Filing a motion to withdraw is the right step.

That makes sense. I’ll file the motion and avoid using emotional language in the future. Could I also say the interrogatories are inapplicable?

7

@Tatum
Yes, you can argue that they are inapplicable due to improper formatting and not addressing factual issues. Stick to a factual approach in court documents going forward.

8

Another argument you can use is that the statements you made were heated and made in the moment. You can acknowledge that they were improper and ask to move forward with factual and relevant interrogatories.

9

@Lennon
Thanks for the suggestion. I think I’ll focus on arguing that they were not drafted properly and leave out the emotional reasoning.

10

In legal proceedings, it’s important to stay calm and factual. If you waive your right to appeal, you won’t be able to challenge the evidence, so it’s key to avoid emotional or accusatory language in interrogatories.

11

@Jamie
I’ve already waived my right to appeal, so I can’t dispute the evidence. I’ll stick to the facts from now on. Thanks for the advice.