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 Georgia Affidavit Alleging Contempt for Violation of Injunction and Request for Order is a legal document that is used in the state of Georgia to address a situation where an individual has violated a court-imposed injunction. This affidavit serves as a formal complaint to the court, informing them of the violation and requesting the court to take action against to contemn or. In Georgia, there are two main types of Affidavits Alleging Contempt for Violation of Injunction and Request for Order: 1. Temporary Restraining Order (TO) Violation: If an individual violates a temporary restraining order (TO) that has been granted by the court, the aggrieved party can file an affidavit alleging contempt. A TO is a temporary order issued by the court to protect a person from harm or harassment, usually in cases such as domestic violence or stalking. This violation can include actions like approaching the protected party, making threats, or any other actions prohibited by the TO. 2. Permanent Injunction Violation: Once a permanent injunction has been issued by the court, it is a legally binding order that must be followed. If an individual violates the terms and conditions of a permanent injunction, the affected party can file an affidavit alleging contempt. This type of violation could involve actions such as contacting the protected party, coming within a certain distance of their residence or workplace, or engaging in any behavior explicitly forbidden by the injunction. The Georgia Affidavit Alleging Contempt for Violation of Injunction and Request for Order typically includes the following information: 1. Heading: The affidavit should include the heading with the court's name, the case number, and the names of the parties involved. 2. Introduction: The affidavit should begin with a brief introduction explaining the purpose of the affidavit, which is to inform the court about the alleged violation of the injunction. 3. Personal details: The affine (the person filing the affidavit) should provide their full name, contact information, and their relationship to the case. They may also need to provide information about the violator, including their name, address, and any relevant details to establish their identity. 4. Violation details: The affine should describe in detail the specific actions or behaviors that constitute the violation of the injunction. This section should be concise, factual, and provide dates, times, locations, and any supporting evidence, such as witness statements, photographs, or communication records. 5. Request for relief: The affidavit should clearly state the relief sought, which is typically a request for the court to hold the violator in contempt of court and enforce the consequences outlined in the original injunction. This could include fines, additional restrictions, or even imprisonment. 6. Signature and notarization: The affine should sign and date the affidavit in the presence of a notary public, who will then notarize the document, certifying its authenticity. It is essential to consult with a legal professional or thoroughly review the Georgia laws and regulations specific to affidavits alleging contempt before drafting or filing such a document.
