Delaware Motion for an Order of Contempt for Violation of Injunction

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Multi-State
Control #:
US-02226BG
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Word; 
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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

How do I file charges against someone? Criminal charges generally begin with an investigation by a police agency. The Delaware County Prosecutor's Office will conduct investigations regarding Bad Checks through our Bad Check Program. However, most other criminal activity will be referred to a police agency.

No Contact Orders A no-contact order requires that the defendant have no contact with the victim or victims in a case. This includes contact in-person, by telephone or mail, or arranging for other people to make contact with the victim on the defendant's behalf.

(d) A party found guilty of contempt under this chapter shall be fined not less than $500 nor than $10,000, or imprisoned not less than 3 months nor more than 1 year, or both.

If you filed a Petition and the Respondent(s) has not yet answered/filed an appearance, you may file a Voluntary Dismissal of Civil Action (Form 297). On this form, you must state the reasons why you want to dismiss your case. A Judge or Commissioner will review the voluntary dismissal.

However, sometimes the condition is not so broad, and if all it refers to is no "unlawful" contact and there is no blanket stay away order, then it just means no contact that would rise to the level of a crime (assault, threats, harassment, telephone misuse, trespassing, etc.).

term order of protection from abuse can be issued only after a court hearing where you and the abuser have the chance to both be present and present evidence to the judge. Most of the protections will last for up to one year.

After having a court hearing, a judge can grant you a ?restraining order after hearing? that can last up to five years. However, if there is no termination date on the order, the order will last three years from the date it was issued.

A motion to dismiss may be based on the following grounds: Lack of subject matter jurisdiction. Lack of personal jurisdiction. Improper venue.

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Delaware Motion for an Order of Contempt for Violation of Injunction