Georgia Motion for an Order of Contempt for Violation of Injunction

State:
Multi-State
Control #:
US-02226BG
Format:
Word; 
Rich Text
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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

If you are found in contempt of court in Georgia, you can receive penalties for violating the order. These can include paying fines and the opposing party's attorneys fees, losing privileges originally outlined in the court order, or and/or jail time. These are often referred to as sanctions.

Penalties for Contempt of Court Under Georgia Law, a person who is found guilty of criminal contempt of court can be fined up to $500 and face up to 20 days of jail. But, if for example, a husband refuses to pay alimony to his ex-spouse, even though he has the ability to do so, they could be held confined indefinitely.

PAYING THE FILING FEE: If the contempt is on Non-Payment of Child Support, Alimony or Medical expenses, the filing fee is waived. If the contempt is on any other item, the filing fee is $58.00, payable in Cash, Check or Credit Card (Credit Cards will have an additional convenience fee).

Contempt of court is a ruling by the judge that a person is intentionally failing to follow a judge's order. A person who is cited for contempt may be punished by a fine or a jail sentence until he or she obeys the court order.

Under the Federal Rules of Civil Procedure (FRCP) Rule 70, a party that fails to perform a specific act, in ance with a judgment by a court, can be charged with contempt and subsequently penalized.

Code § 9-5-1. Equity, by a writ of injunction, may restrain proceedings in another or the same court, a threatened or existing tort, or any other act of a private individual or corporation which is illegal or contrary to equity and good conscience and for which no adequate remedy is provided at law.

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Georgia Motion for an Order of Contempt for Violation of Injunction