If there is no set date for when a court order needs to be accomplished can i not put the person in contempt?
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my ex girlfriend claims I am the father of her son but is not willing to take a genetic test (she has declined to free ones so far). I went to court and filed a motion and order for genetic testing against her. The judge order her to take a genetic test but did not put a time frame/date by when it had to be done. So far it has been 11 days and she has not complied when I can hold her in contempt of court? should I file a motion for reconsideration asking the judge to put a court date on the order. if so it needs to be filed today. please help! thanks
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Answer:
If there is no date to comply by, then she technically hasn't violated it. Did it say she must comply "immediately" or have any other terms? I guess the default is within a reasonable time in regards to the circumstances, but the court is not going to put her in contempt without a conspicuous notification of how she has violated it. So yea, if she is taking her sweet time, maybe you should file a modification for a date to comply by. 11 days is not that long of a time though. Unless she has stated that she unequivocally refuses to comply, she could still do it within a reasonable time and comply with the order, so you might be jumping the gun.
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