MOTION FOR CONTEMPT

IN THE MAGISTRATE COURT OF COBB COUNTY

STATE OF GEORGIA

XXXXX,                                                                   Petitioner,

                           

                            vs.

YYYYY,                             

                            Respondent                                             

 civil action No.: 21-E-10178 

MOTION FOR CONTEMPT

COMES NOW, Petitioner XXXXXX and pursuant to the standards of W. Gerry Howe v. William Douglas Roberts, et., al., Supreme Court of Georgia No. 46899, (385 S.E.2d276), (259 Ga. 617) (1989).; files this Motion for Contempt of Court. Accordingly, the Petitioner moves the Court to attach the Respondent for contempt upon the grounds alleged below. 

JURISDICTION AND VENUE

  1. Respondent is a resident of this County, Georgia and is subject to the jurisdiction of this Court as a result of the prior Order entered by this Court.

STATEMENT OF FACTS

  1. On or about September 15, 2021, the Respondent obtained a Temporary Protective Order (hereinafter “the Order”) against Petitioner in the Cobb County Superior Court. She made the said filing on the false allegations that Petitioner had threatened physical harm against her as well as had the Respondent removed from the home.  
  2. Consequential to the filing of the said Order, Petitioner had the option of challenging the illegally acquired Order but instead negotiated on a no-contact Order on or about October 12, 2021. It is instrumental to note that the Respondent’s attorney was aware that the Order was frivolous, so he pushed for mediation between the Petitioner and the Respondent. 
  3. Interestingly, later on, when Petitioner wanted to rent an apartment after the negotiated settlement in Fort Lauderdale, FL where he resided before the actions of Respondent, he discovered that the Respondent’s attorney had filed an eviction case against Petitioner without Petitioner’s knowledge. It is worth noting that the said filing was done although Petitioner had never been to the house since September 15, 2021. Besides, Petitioner had never lived there and only visited Respondent at her request when in town and as normal dating transpires with long-distance relationships. Furthermore, Respondent served the said Order at the house, knowing very well that Petitioner never lived there and had never visited the house since September 15, 2021. Petitioner avers that Respondent did this in a bid to obtain a default judgment against Petitioner knowing that the Petitioner could never be served at the address in the future in attempts to obtain a fraudulent default judgment.
  4. During the mediation procedure, Respondent never disclosed to Petitioner that she had filed an eviction case against Petitioner. She induced Petitioner to sign the no-contact order yet she had filed an eviction case against him the previous night. 

Incidence(s) of contempt

  1. Respondent, through her attorney, frivolously filed for a temporary protection order. This was done apparently to subject Petitioner to unnecessary psychological harm and distress.  Respondent has also been calling and texting Petitioner’s friends.  
  2. Besides, Respondent’s ex-husband, Mr. Zachary Moses Cheroff (hereinafter “Zachary”), has been subjecting Petitioner to harm and distress. Respondent knows about the said actions but has refused to allow Petitioner to pursue further action against Zachary. Notably, Zachary has been stalking Petitioner on multiple occasions. He filed a false child abuse report against Petitioner at the Georgia Division of Family & Children Services claiming Petitioner physically abused his and Respondent’s minor daughter Addison Cheroff. He also engaged in communication harassment against Petitioner, by texting and calling Petitioner on multiple occasions. It appears Zachary stalks Petitioner in a bid to falsely allege that falsely allege that Petitioner resided at 2464 Norwood Drive, Smyrna, GA 30080 (Respondent’s house) to reduce his monthly Alimony and Child Support payments to his ex-wife (the Respondent).  
  3. It follows; Respondent and Respondent’s attorney should be held in contempt of this Court and further action be taken against them for the aforesaid reasons.
  4. Further, Respondent should be ordered to reimburse Petitioner for payment in filing this action and for the cost of service thereof.

WHEREFORE, Petitioner the requests that the Court issue a Rule Nisi requiring the Respondent and her attorney to appear and show cause why they should not be attached for contempt and required to pay reasonable attorney’s fees and expenses of litigation. Movant further requests this Court order any and all other relief that the Court finds appropriate.

Respectfully Submitted,

DATED: __________ 

CERTIFICATE OF SERVICE

This is to certify that I have served a true and correct copy of the Motion by U. S. Mail with proper postage affixed thereto to insure delivery as follows:

[ENTER RESPONDENT’S ADDRESS]

DATED: __________

At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, we will be able to prepare the legal document within the shortest time possible.