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Hawaii Motion for an Order of Contempt for Violation of Injunction

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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 Hawaii Motion for an Order of Contempt for Violation of Injunction is a legal document filed with the court to address and seek repercussions against an individual who has violated the terms of an injunction issued by the court in Hawaii. Read on to understand the essential details, types, and requirements associated with this motion. In Hawaii, when someone disobeys a court-ordered injunction, the party seeking enforcement can file a Motion for an Order of Contempt for Violation of Injunction. This motion serves as a mechanism for holding the violator accountable and asking the court to impose penalties or take further action. There are various types of Hawaii Motion for an Order of Contempt for Violation of Injunction, typically categorized based on the nature of the injunction being violated. Some common types include: 1. Domestic Violence Injunction: When an individual breaches the terms of a protective order or restraining order issued in a domestic violence case, the injured party may file a motion to hold the violator in contempt. 2. Harassment or Stalking Injunction: If someone violates the conditions specified in an injunction granted to protect a person from harassment, stalking, or unwanted contact, the victim can file a motion seeking contempt sanctions against the perpetrator. 3. Civil Injunction: In instances where a party breaches an injunction related to a civil matter (such as contract disputes or property disputes), the aggrieved party can pursue a Hawaii Motion for an Order of Contempt for Violation of Injunction. To successfully file a Motion for an Order of Contempt for Violation of Injunction in Hawaii, several key elements must be included, such as: 1. Case Information: The motion should state the names of the parties involved, the court in which the case is pending, and the case number. 2. Description of the Injunction: It is crucial to clearly outline the specific terms and conditions of the injunction that has been violated. This includes providing details on the type of injunction, any time frames, prohibited actions, or required activities. 3. Evidence of Violation: The motion should present factual evidence demonstrating that the respondent has indeed violated the injunction. This evidence may include witness statements, photographs, videos, or any relevant documents. 4. Requested Relief: The party seeking enforcement must specify the penalties or desired outcomes they are seeking as a result of the violation. Potential remedies could include monetary fines, imprisonment, modifications of the existing injunction, or other appropriate sanctions. It is important to note that following the correct procedural rules and requirements when filing a Hawaii Motion for an Order of Contempt for Violation of Injunction is crucial. Therefore, consulting with an experienced attorney or referring to the state's statutes and court rules is highly advisable to ensure compliance.

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FAQ

H.R.S. §729-1 ("Whoever, after trial by jury, is adjudged guilty of contempt of any court... shall be fined not more than $500 or imprisoned not more than two years....").

Criminal contempt serves two specific purposes. First, it serves to punish an individual for failure to comply with a lawful congressional subpoena. Those who willfully refuse valid congressional demands can be held accountable through the criminal law.

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.

Criminal contempt of court refers to disobedience of an order of the court which carries criminal penalties. Common examples of conduct which may result in criminal contempt of court charges include insulting the judge or creating a disturbance at trial.

Common defenses to a charge of criminal contempt include, but are not limited to: insufficient evidence to prove defendant willfully disobeyed a court order, ambiguity in the court's order, mistake of fact, statute of limitations, inability to perform, and more.

A request for a rule to show cause or an adjudication of indirect criminal contempt or indirect civil contempt must be made by written petition, must specifically identify the order or provision alleged to have been violated, and must be properly served on the responding party.

Sentence. If the matter is heard without a jury, and upon a finding of direct criminal contempt, the Court may impose a fine not to exceed five hundred dollars, a jail sentence not to exceed six months, or both.

The Supreme Court has repeatedly held that federal courts possess inherent authority to punish contempt?i.e., disobedience of a court order or obstruction of justice?and to impose other sanctions on parties or attorneys who engage in misconduct. See United States v. United Mine Workers, 330 U.S. 258, 299 (1947).

More info

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Hawaii Motion for an Order of Contempt for Violation of Injunction