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Mississippi Motion for Modification and Motion to Cite Defendant in...

Cite Defendant Contempt

Name: Mississippi Motion for Modification and Motion to Cite Defendant in Contempt
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.87 (219 reviews)

Category:

Mississippi Civil Procedure - Contempt

State:

Mississippi

Control #:

MS-62400

Format:

Instant download

Description Defendant Contempt Buy

A motion is a written request to the court to take a certain action. The court will either grant or deny the motion in accordance with law and court rules. This document, a Motion for Modification and Motion to Cite Defendant in Contempt, is a model motion requesting the named action from the court (or a general motion form). Adapt to fit your facts and circumstances. Available for download now in standard format(s). USLF control no. MS-62400

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Motion Modification Contempt FAQ

Depending on the infraction, contempt of court consequences can include fines, compensatory visitation, a modification to the custody arrangement, and in some instances even jail time. In most cases, if someone is held in contempt, the court will first give them the opportunity to make amends for the violation.

To get a contempt finding, you must usually file a court document called a "motion for an order to show cause." That puts the burden on the parent who isn't following the custody or visitation order to explain to the court the reasons why he or she should not be held in contempt.

At the hearing, you will have to swear to tell the truth before you present your case. As the party alleging contempt, you will probably speak first. Keep your explanation of how your ex disobeyed a court order brief and only talk about the reasons you asked for the contempt action.

There is a valid court order in effect. The other person knows about the court order. The facts show a plain violation of the order. You have given the person notice of the contempt hearing and a chance to be heard. Contempt is an appropriate remedy for the violation.

Go to the clerk's office at the court that made the orders. Give the clerk your completed Motion for Contempt and Appearance forms. The clerk will write a hearing date and time on the motion, sign it, and give it back to you. The hearing date is when you and the other person must go to court.

PETITION FOR CITATION FOR CONTEMPT OF COURT That the defendant is able-bodied, capable of earning adequate funds with which to comply with the orders of this Court, and that said defendant has willfully failed or refused to pay support as ordered by the Court.

1There is a valid court order in effect.2The other person knows about the court order.3The facts show a plain violation of the order.4You have given the person notice of the contempt hearing and a chance to be heard.5Contempt is an appropriate remedy for the violation.

If a person is found to be in contempt, the court is able to impose sanctions, which may include the following: jail time (usually 1-30 days) ordering the party held in contempt to pay the money owed. ordering the party held in contempt to pay the other party's attorney's fees.

Proof of contempt Being found in contempt of a court order is extremely serious, and the sanctions imposed can be severe. The court will require clear and concrete evidence of willful disobedience of the court order.

Cite Defendant Contempt

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Motion Modification Contempt FAQ

What happens when a contempt of court is filed?

How do I file contempt of court in Mississippi?

What can I expect at a contempt hearing?

How do you win a contempt of court case?

How do you hold someone in contempt of court?

What is a petition for citation of contempt?

D. How do I prove contempt?

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How serious is contempt of court?

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