If they show up, is that contempt of court or can they be charged with trespassing? 6 Answers as of April 28, 2014

I have a mediation agreement with my estranged wife. We exchanged household items at my home but she and her family are not to be present at the exchange. What course of action can be taken?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Linda K. Frieder
Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
Your question is confusing as I cannot tell if this is a past event or something that is to take place in the future. If the mediation agreement is not a court order, them there can be no contempt. If I understand you correctly and you have agreed to exchange items in advance with your wife, and she nor her family is to be at the exchange, (meaning a third party is to pick up her stuff) but they show up anyways, call the police to assist. The bottom line is you should bend over backwards to get this exchange done without endangering yourself. Property can always be replaced but your life cannot. I hope this helps.
Answer Applies to: California
Replied: 4/28/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
If there is a court order, have the police come and escort them off the premises. If there is no court order, refuse to answer the door if they show up.
Answer Applies to: Idaho
Replied: 4/28/2014
Mediation Services of Southwest Florida
Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
One idea would be for you to notify the local Sheriff and request the Sheriff be present when they show up. It is always best to take preventative measures in advance of something you may regret at a later time.
Answer Applies to: Florida
Replied: 4/28/2014
Trendowski & Allen, PC
Trendowski & Allen, PC | Gregory Allen
I think I understand the question. You mediated a resolution of the property dispute in your divorce. The mediation agreement provides for an exchange of the household items at your house. However, the exchange is to be conducted through a third party and your ex or soon-to-be-ex-wife and her family are not to be present at the exchange. You want to know what to do if she or her family shows up for the exchange. Assuming all that is accurate, the first thing you want to do is to make sure that your mediated agreement was accepted by the court and made an order of the court. That gives your agreement a whole lot more weight. In particular, that makes your agreement an order of the court and not a private agreement. The police will enforce a court order far more easily than they will a private agreement. Either way, if she or her family show up at your house I would call the police. At minimum they will maintain order at your house an provide you with a neutral witness as to what transpires. Without a clear violation of a court order it is unlikely the police would charge anyone with anything. You will likely have to go to the family court to seek relief. However, make sure the language in your agreement and court order is clear as the court requires a clear, willful violation of a court order to find someone in contempt. I hope everything goes smoothly for you.
Answer Applies to: Connecticut
Replied: 4/28/2014
Smith Law | Sharon K Smith
Yes it would be contempt. You would need to file a petition to enforce the agreement. You could also call the police for trespass.
Answer Applies to: Pennsylvania
Replied: 4/28/2014
    John Russo | John Russo
    You can ask the police to be there during the transfer.
    Answer Applies to: Rhode Island
    Replied: 4/28/2014
Click to View More Answers: