Arizona 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.

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FAQ

On request of the plaintiff, an injunction against harassment that is issued by a superior court judge or commissioner may be served by the sheriff of the county. If the defendant cannot be served within that jurisdiction, the sheriff in the jurisdiction in which the defendant can be served may serve the order.

(1) Generally. The court may issue sanctions for civil contempt, or for criminal contempt as allowed by law, against a party or person who violates an injunction. (2) Application; Affidavit. A party alleging that any party or person has violated an injunction may file an application for an order to show cause.

When you are found in contempt of court, you will most likely receive a misdemeanor charge as punishment. Fines also apply for a failure to appear in court of $500 or more. A driver's license suspension may be ordered as well if your criminal charge is a DUI or traffic related offense.

An equitable remedy in which a court orders a party to perform, or refrain from performing, a particular act. A prohibitory injunction is an order forbidding a party from performing an act; a mandatory injunction is an order to perform an act.

Rule 41 - Motion to Dismiss (a) Request for Dismissal. A plaintiff may request the dismissal of a protective order at any time during the term of the order. (b) Verification of Identity. When a plaintiff files a motion to dismiss, court personnel must verify the plaintiff's identity.

Every order granting an injunction and every restraining order must: (A) state the reasons why it issued; (B) state its terms specifically; and (C) describe in reasonable detail-and not by referring to the complaint or other document-the act or acts restrained or required.

An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent injunctions, Temporary restraining orders and preliminary injunctions. Temporary restraining orders (TRO) and preliminary injunctions are equitable in nature.

(1) Generally. The court may issue sanctions for civil contempt, or for criminal contempt as allowed by law, against a party or person who violates an injunction. (2) Application; Affidavit. A party alleging that any party or person has violated an injunction may file an application for an order to show cause.

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Arizona Motion for an Order of Contempt for Violation of Injunction