QUESTION

I have an injunction in place; 2 dy after he filed contempt . i filed response. since then new info;can i file counter petition past 30 dy response

Asked on Jan 20th, 2021 on Family Law - Florida
More details to this question:
Injunction in place; Judge wants me to file in family court to make permanent. There is already a pending ongoing case due to his filing contempt charge which i answered and showed proof it was incorrect. I was told to file a counter petition ----is there a time limit or can i submit a counter petition at any point since this is information i didnt have at the time of the response?
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1 ANSWER

Family Law Attorney serving Coral Gables, FL at David B. Mitchell, P.A.
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Thank you for your question. If the time limit for you to file a Counter-Petition in the family division case has run out, you can file with the court a Motion for Leave to Amend your existing Answer (if he filed a Petition in your family division case) to add the Counter-Petition. If he simply filed a Motion for Contempt in an existing divorce case (or a completed divorce/family law case that he has re-opened with the Motion for Contempt), you may need to file a Motion to Consolidate the domestic violence case with the family division case, which the judge will likely grant. Of course, if you are going to trial next week on the contempt matter, you may be out of time and should file a new case in the family division on the domestic violence matter.  As you can see, there are myriad procedural steps that must be followed. This is not really something you should try on your own without legal counsel. It can be money well spent.
Answered on Jan 29th, 2021 at 7:31 AM

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