Motion Contempt Service For Divorce
Description
How to fill out Motion For An Order Of Contempt For Violation Of Injunction?
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FAQ
Take your completed packet to the Clerk's Office (Civil Filing Department), Room 3725. This is where you file your motion and pay the required $20 filing fee. 3. Request that the Judge sign the Order to Appear and Show Cause.
A motion for contempt is used to enforce a court order. Basically, a person might be found in contempt if they disobeyed a court order. In your case, you are filing the motion because your co-parent has violated or continues to violate the child custody 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.
You must explain what the other party has failed to do. This form must be signed before a notary public and a copy must be furnished to the other party by mail, fax and mail, or hand delivery. If you want to be sure of service, the motion should be personally served by a sheriff or process server.