Illinois 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

Criminal contempt of court has a penalty of up to 180 days jail and a maximum fine of $500. Illinois law does not have a statute for contempt of court. Instead, the rules for contempt come from common law.

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.

The judiciary possesses the limited power of contempt, both civil and criminal, and it may use the contempt power to punish contumacious conduct. Civil contempt proceedings are coercive, while criminal contempt proceedings are punitive. Only the offended court has the power to punish for civil contempt.

Contempt can be either direct (in the presence of the court) or indirect which is when something happens outside the presence of the court. Because Indirect contempt is alleged to have happened outside the presence of the court proof of willfully disobeying a court order is required for a finding of indirect contempt.

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Illinois Motion for an Order of Contempt for Violation of Injunction