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Upon responding to a motion for contempt, a defendant may either lodge a defense or he or she may purge the contempt by complying with the court's order and remedying any past due support obligations. The defendant responds by filing an answer. The answer may contain defenses against the contempt action.
Under the Federal Rules of Civil Procedure (FRCP) Rule 70, a party that fails to perform a specific act, in ance with a judgment by a court, can be charged with contempt and subsequently penalized.
After filing, the motion must be served to the opposing party, providing them with an opportunity to respond. The court then schedules a hearing where both parties present their arguments. Proving contempt of court requires clear and convincing evidence that the respondent has willfully violated a court order.
A Show Cause Order is a directive to appear in Court and prove why one should not be held in either civil or criminal contempt of Court. The most frequent reason for the issuance of a Show Cause Order involves allegations of failure to comply with a Court Order.