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A Motion for Contempt is a more serious alternative to a Motion to Enforce and is more difficult to prove. In order to prove that someone is in contempt, you must show the court by clear and convincing evidence that the other party: Is not following the court's order; That the party has the ability to do so; and.
What Is Contempt of Court? Contempt of court is an act of disrespect or disobedience toward a court or interference with its orderly process. Examples include disrupting court proceedings, interfering with attempts to obtain evidence, destroying evidence, disobeying a court order, and intimidating witnesses.
The court has the power to impose such reasonable fine or imprisonment as the circumstances require, provided that the person is given an opportunity to purge that person of the contempt.
CONTEMPT PROCEEDINGS (a) In General. (1) Purpose and Scope. This rule establishes procedures to implement the inherent and statutory powers of the court to impose punitive and remedial sanctions for contempt.