You don't need an attorney to file a Motion for Contempt, but it is a good idea to have one. If you decide to represent yourself, you can go to the courthouse that made the order and ask for help at the Court Service Center.
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.
Possible strategies include: Claiming Unawareness: Arguing that you were unaware that your behavior was considered contemptuous could lead to a dismissal of charges. Necessity or Self-Defense: Demonstrating that your actions were out of necessity or self-defense may lead to an acquittal.
Except as provided in subdivisions (2), (3) and (4), punishment for a contempt, specified in section seven hundred fifty, may be by fine, not exceeding one thousand dollars, or by imprisonment, not exceeding thirty days, in the jail of the county where the court is sitting, or both, in the discretion of the court.
A judgment must begin with clear recital of facts of the case, cause of action and the manner in which the case has been brought to the Court. A Judge must have essential facts in mind, and its narration should be without any mistake.
The pattern of opinion writing for appellate courts has five parts: opening paragraph identifying the type of case, aligning the parties, and giving the result in the trial court; indication of the issues on appeal; statement of some or all of the facts; discussion of the law, with additional facts as needed; and ...
In US English, “judgment” (no “e”) is the only correct spelling. In UK English, “judgement” (with an “e”) is standard, but “judgment” is used in legal contexts.
IRAC — Issue, Rule, Application and Conclusion. Under this method; the Issue is stated; the governing statute or general law is stated or analysed (the Rule); the law is Applied to the facts by reasoning to a result; and the Conclusion on the issue is stated.
Once the Judgment is entered, the winner should serve a copy of the Judgment with "notice of entry" on the loser. This service starts the loser's time to appeal running.
Example of a Judgment As another example, a landlord who evicted a tenant for not paying the rent might file a lawsuit to collect the unpaid rent, and if the landlord won the lawsuit, it would result in a judgment against the tenant.