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The Process of Filing for Contempt The motion explains to the court what the order that has been violated states, and how the other party is violating the order. The motion asks the court to order the other party to appear in court and show cause why he or she should not be punished for disobeying the court's order.
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.
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.
Examples include disrupting court proceedings, interfering with attempts to obtain evidence, destroying evidence, disobeying a court order, and intimidating witnesses. A contempt order may address behavior both in and outside the courtroom, including public displays of disrespect toward the court.
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