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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.
Proving the Case: The Legal Threshold For a Civil Contempt complaint to stand in court, the plaintiff must present ?clear and convincing evidence? that the defendant breached a valid court order.
Be brief. Answer the allegations in the complaint with one or two sentences. Again remember that the statements you make in your answer can be used as admissions against you. Your response to the allegations in the complaint may admit part of the statement in the specific paragraph and deny part.
After discussing the claim with the plaintiff's attorney, the defendant must file an answer to the complaint. The answer tells the court in what ways the plaintiff's prima facie case is defective and to assert any affirmative defenses.
When drafting an answer, one must: (1) follow the local, state, and federal court rules; (2) research the legal claims in the adversary's complaint; (3) respond to the adversary's factual allegations; and (4) assert affirmative defenses, counterclaims, cross-claims, or third-party claims, if applicable.