Tuesday, November 4, 2014

Competing Contempt Petitions

Many times on domestic cases, parties will have competing contempt petitions.  How these are dealt with is not uniform between chancellors.  Some chancellors take the view that each contempt is a separate issue and will adjudicate them each separately on both parties.  Other chancellors take the view that the old clean hands doctrine applies and that if either party is held in contempt then neither party is entitled to attorneys fees but each party has to get in compliance with the court's order.  Both views are fully supported by the caseload and would likely be affirmed on appeal.  This is why it is important to know how each chancellor deals with the issue. 

1 comment:

  1. I feel like it would be extremely confusing to work on a petition case with two different chancellors. How would you be able to agree on anything? I'm really grateful there are other people who work hard to figure out these issues though. I could never do it in a million years.