Alabama Motion for an Order of Contempt for Violation of Injunction

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US-02226BG
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Description

Contempt refers to any willful disobedience to, or disregard of, a court order or any misconduct in the presence of a court; action that interferes with a judge's ability to administer justice or that insults the dignity of the court.


There are essentially two types of contempt:

" Disrespect to the decorum of the court (being rude, disrespectful to the judge or other attorneys or causing a disturbance in the courtroom, particularly after being warned by the judge) and

" Willful failure to obey an order of the court.


This form deals with such a willful failure. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

A motion for an order of contempt for violation of an injunction is a legal document filed in Alabama to address a party's non-compliance with a court-issued injunction. This motion seeks to hold the violating party accountable for their actions and request appropriate remedies for the violation. In Alabama, there are various types of motions for an order of contempt depending on the nature of the violation. They can be categorized as follows: 1. Civil Contempt: A motion for civil contempt is generally filed when a party fails to comply with a court-ordered injunction in a civil case. The purpose is to enforce the original court order and remedy the violation. 2. Criminal Contempt: If a party's violation of an injunction involves willful disobedience or defiance of the court's authority, a motion for criminal contempt may be filed. Criminal contempt charges can result in fines, imprisonment, or both. 3. Contempt by Failure to Pay Child Support: If the violation of an injunction relates to non-payment or failure to comply with child support obligations, a specific motion for contempt related to child support can be submitted. It seeks to compel the delinquent party to fulfill their financial responsibilities. 4. Contempt by Violation of a Restraining Order: When an individual violates a restraining order, a motion for contempt based on this violation can be filed. This aims at ensuring the safety and protection of the individual who secured the restraining order. Keywords: Alabama motion for order of contempt, violation of injunction, civil contempt, criminal contempt, failure to pay child support, restraining order violation.

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FAQ

A participant meets the Rule of 60 if his or her age plus full years of service equal at least 60 and he or she either: (i) is at least age 50 with at least five full years of service; or (ii) is under age 50 with at least 20 full years of service.

The court may order that a person who has been found to be in civil contempt be committed to the custody of the sheriff until such person purges himself or herself of the contempt by complying with the court's order, decree, or command.

Civ. P. 68, which establishes a procedure whereby the defendant in civil litigation is authorized to make an offer of judgment in an effort to settle the dispute. Such an offer, if not Page 2 accepted, is ?deemed withdrawn and evidence thereof is not admissible except in a proceeding to determine costs.?

Rule 65(b) does provide for injunctive relief without notice to the adverse party. This relief, known as a temporary restraining order, can be ed without notice provided that the verified facts of the complaint clearly justify plaintiff's apprehension about the threat of irreparable injury.

Assignment of cases for trial. The clerk forthwith and, in no event more than three (3) days after a case has been placed on the trial docket, shall notify all out-of-county attorneys of record by personal service, or by mailing a letter or by mailing a copy of the docket of the court. (dc) District court rule.

Stay of proceedings to enforce a judgment. Unless otherwise ordered by the court, an interlocutory or final judgment in an action for an injunction or in a receivership action shall not be stayed during the period after its entry and until an appeal is taken or during the pendency of an appeal.

On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered ...

Rule 55(b)(1) allows the clerk to enter default judgment only when the claim is for a sum certain or a sum which can by computation be made certain. Rule 55(b)(2) relegates the entry of the default judgment to the court in all other cases.

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WHEREFORE, the premises considered, the above-named Petitioner moves this Court as follows: (1) That a hearing be set and notice of the date, time and place of ... by DR Rendleman · 1980 · Cited by 44 — When the defendant violates the injunction, however, the judge may order compensatory contempt. The central irony of compensatory contempt is that the remedy.Nov 3, 2018 — This article discusses how to enforce a preliminary injunction or temporary restraining order (collectively, pretrial injunctive relief) in a ... Oct 26, 2016 — In Contempt Of Court For Violating Multiple Provisions Of The Temporary. Restraining Order and Preliminary Injunction, the Court should require. 1. Fill out the forms. You will need to complete an Opposition, a Motion/Opposition Fee Information Sheet, and a Financial Disclosure Form (if there are ... Aug 1, 2015 — Any sealed document must be filed and conspicuously labeled. “SEALED.” (2) Motion to Seal. To obtain a sealing order, a party must file an ... If the application for a temporary restraining order is denied, the plaintiff will generally press for the hearing on the motion for preliminary injunction. Of ... Case opinion for AL Court of Civil Appeals WILLIS v. WILLIS. Read the Court's full decision on FindLaw. Plaintiffs filed a motion to punish Kensington for contempt on November 13, and asked for damages in the amount of $50,000.00, and the matter was set for ... J. M. Breckenridge and Earl McBee, Birmingham, for respondent. A state court has no jurisdiction to enter an injunction which abridges rights protected by the ...

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Alabama Motion for an Order of Contempt for Violation of Injunction