A contempt motion is a tool used by either side to a case, or a judge, when one party has violated court's orders. It is used to punish the offending party and to hopefully prevent further violations. A finding of contempt in a family law case leads to monetary sanctions, and more rarely, jail time. But it is often used because a finding of contempt creates a black mark against the offending party and can influence the court to view that person a certain way which can be handy when trying to get certain orders. For example, if a person violates a custody order, and later, the issue of custody resurfaces, having a finding of contempt against you could cause the court to view you negatively and thus to create custody orders not as much in your favor. (This contempt, however, is not about custody. That's just an example).
I'm not sure why Kaine dropped it except that it is costly, judges hate them and in this case, it could be hard to prove that TH willfully showed MC the order. She could say he sneaked a peak. I also like the idea that MC could be working with LE and they decided that they do not want what MC knows to become public record (although they could seal the record). I doubt that Kaine dropped this motion because something bigger is coming down the pike. My best guess is that he dropped it for the exact reason he said. He is fighting the abatement and dropping this shows he is eager to get the case over with.
ETA: This is not thud-worthy in my book. It happens all the time in family law cases. (Filing and then dropping such motions).
Well I guess I can't see tying up courts with this, on either part. Just tell each other where the money came from-a judge will probably say they have to, won't they, to make sure neither is using joint funds? I just am not a big fan of courts being used for basic stuff that could be answered so easily.
Yes. Both parties must divulge the source of their attorney's fees in a divorce. However, Kaine is not talking about the fees for TH's divorce attorney. He's asking about her criminal attorney's fees. I think he does have a right to that info as well. If there was no disso, it's unlikely he'd be entitled unless he filed some other sort of action.
Does anyone know if Kaine would have had to testify to anything that he might not want to, if he pressed forward with this part of the suit?
No, he would not. In a contempt action, the only thing discussed is the contents of the order thought to be violated, how and when the accused learned of the order and how and when it was violated. Kaine would not have anything to say at that hearing.
No, just anything...I mean would he have to address anything that might make him uncomfortable? Like Terri's allegations about him having an affair, which is (I believe) what she allegedly told the landscaper? Could Terri's defense ask him that and force him to take the fifth if he did not want to answer, for example?
No.
It just isn't logical for Kaine to want Terri to be fined for indirect contempt of court. Since he is still married to her, part of the fine could become his financial responsibility because Terri is unemployed.
Not true. She would be solely responsible for payment of any fine, from separate funds.
For weeks, many have been speculating about how this would play out because Terri would be under oath, and the door would, potentially, open for information about Kyron. Many have asserted that Terri and her lawyers are avoiding any situation in which she will be place under oath. And then the least likely thing in the world happens, and all that pressure, all that potential is alleviated by Kaine voluntarily dropping the contempt motion?
Kaine just gave her an out! WHY?!
Am I the only one who sees this as completely jaw dropping in its implications?
This contempt would be unlikely to lead to any info regarding Kyron, at least in the sense that nothing TH could say regarding the alleged actual contempt would be relevant to finding Kyron. It was probably part of an overall pressure tactic and also was done simply because Kaine was angry that she violated the order by showing info to another. It seems to me he thought Th was trying to give info to MC to watch Kyron and possibly retrieve baby K, because TH's attempts to take the baby from the gym without Kaine knowing were mentioned in the contempt. If so, he wanted TH punished for that.
well let me ask this.
what would be gained by this motion?
was anything gained by filing it in the first place? Was information revealed?
ETA: what I mean is, was the act of filing the motion enough to accomplish anything and so there is no need to move ahead?
It could have been enough to let TH know that if she violates any orders again, she'll be in trouble. Filing it acts as a warning. I have filed such motions for the same reason.
I think that KH's lawyer is focusing her legal strategy. When she filed the contempt charge, it was just one of those "make her fight it in court" sorts of motions.
But then, Mr Bunch filed the motion for abeyance. I'm inferring that KH is planning to fight the motion for abeyance, meaning that he will in a way be asking for a speedy resolution to matters.
If that is true, then going to court over the contempt motion is contrary to wanting to get the divorce settled quickly.
Therefore, drop the contempt motion.
Plus, the judge is likely to ask just who was hurt the most by release of the information in the RO? I think the obvious answer is TMH because I cannot imagine any circumstances where being suspected of MFH could improve one's reputation.
Releasing the information in the RO was a self-defeating move, so what more punishment would be necessary?
And then there's the fact that the Willamette Week and The Oregonian had both heard rumours about the MFH allegations and were on the verge of releasing stories about them. So it isn't like the information in the RO was going to stay secret even without MC and his cellphone.
Besides, at least in my state, family law attorneys bill double their office fee for court time. For example, if a lawyer bills $100/hour for office time, they bill $200/hour for every minute spent in court. Why bother going to court for such a small and essentially harmless (to KH) violation of the RO?
The cost can be prohibitive. When funds are limited, sometimes clients and attorneys revamp their strategies.
I thought the purpose of the contempt motion was to protect the baby (and Kaine), but let's concentrate on the baby, from the woman who is supposed to have kidnapped or murdered Kaine's other child. You know - Kyron?
And I thought there was great fear that because she allegedly kidnapped and murdered one of Kaine's children, that there was great legitimate fear that she was going to kidnap or murder the baby too?
And I thought there was great legitimate fear that because she allegedly had this MFH plot thing going on that she might kill Kaine?
Where did all that fear and need for protection of the baby go? and of Kaine?
Kaine dropping this tells me he's no longer afraid - for himself, or for the baby. Why not? What happened to change that?
This just makes no sense.
The primary reason for the contempt was not to protect the baby and Kaine. It was meant to punish TH for violating it. The RO acts to protect the baby and Kaine.
While Kaine was not required to explain why he was dropping the motion, one legal expert familiar with the case said it would allow Kaine to try and speed up divorce proceedings.
snip
"It's an act of good faith on our part," Kaine told KGW. "It shows that we're serious about not wasting the court's time with side issues. We want to get the divorce wrapped up so we can deal the important things and move forward."
snip
"We need to get this wrapped up," he said. "There are bigger issues that need to be dealt with."
http://www.kgw.com/news/Kaine-tells-KGW-We-need-to-get-this-wrapped-up-102674464.html
Okay. So Kaine doesn't want to waste time on "side issues" that waste the court's time, like the previously perceived grave threat to his and his baby's life.
Great news! I'm glad those threats were determined not to exist. I was particularly worried about the baby. Now I can breathe a sigh of relief.
I'm going to ask my DH to bake me a double batch of blueberry muffins, and then I'm going to stuff my face with every darn one of them.
Dropping the contempt does not nullify the threats Kaine believes existed. The RO is still in place and shows he believes those threats to be real and ongoing.
The RO is already in effect. The deadline to contest that has passed, IIRC. That gives Kaine custody for at least a year. I don't see why Terri would be forced to answer to it in the divorce case.
Well, usually in such a case, the custody orders earlier issued in an RO are just adopted in the disso judgment. But, if TH chose to try to modify the custody orders, she could try by asking that the custody orders be modified in the final judgment. She would then have to answer the RO application allegations, though, unless they were rendered moot for some reason (like Kyron is found and it is discovered that TH had nothing to do with it).
Not true...I posted this link above. Terri still can file a modification, even after thirty days.
http://www.courts.oregon.gov/OJD/do...10FAPAUpdate/Packet1/InstrucsCONTEST-9-10.pdf
She can file for a modification of custody whenever she wants, even after 30 days has passed. But modifications are hard to get without new facts arising and the longer the status quo is maintained the dimmer TH's chances at a radical change of the RO custody orders, become.
I've never understood why it would be up to Kaine to decide whether Terri would be charged with contempt of a court order or not. I think his motion was to encourage the court to find her in contempt. Can't the court go after her for contempt if it believes it should even though Kaine may drop his motion?
The court can but won't. Judges hate contempts brought by parties to a disso action. They'd rather not see them at all.