This is a multi-state form covering the subject matter of the title.
This is a multi-state form covering the subject matter of the title.
A form that is filed in New York state court and served on all parties confirming that the parties have completed necessary discovery proceedings and the case is trial ready (CPLR 3402(a)). It is the paper that gets the case on the court's trial calendar.
To file a motion for contempt in New York, certain criteria must be met. There must be an existing order of the court that is clear and unambiguous, and the accused must be proven to have known about this order and willfully disobeyed it.
If you are convicted of any degree of this crime, your outlook is bleak in terms of sentencing. Second Degree is an “A” misdemeanor while a First Degree conviction is an “E” felony. These crimes are punishable with sentences up to one year in jail and four years in state prison respectively.
As the person who filed the Motion for Contempt, you will have to prove: that there is a valid court order; that the other party violated or disobeyed the order (Be prepared to say exactly how you think the order was disobeyed. that the other parent violated (or disobeyed) the court order on purpose.