Indiana Motion for an Order of Contempt for Violation of Injunction

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Multi-State
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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

The first time that a parent receives a contempt citation, the Child Support Division asks the parent to sign an Agreed Order, which orders him or her to appear in court each week in which support is not paid. If the parent fails to comply with the Agreed Order, the parent may face up to 180 days of incarceration.

Criminal Law and Procedure § 35-42-3-4. (2) violates a child custody order of a court by failing to return a person who is less than eighteen (18) years of age to Indiana; commits interference with custody, a Level 6 felony.

Upon responding to a motion for contempt, a defendant may either lodge a defense or he or she may purge the contempt by complying with the court's order and remedying any past due support obligations. The defendant responds by filing an answer. The answer may contain defenses against the contempt action.

If it is shown that a party willfully disobeyed an order, the court has the authority to tailor the appropriate punishment. While there are numerous options available to a court are, typical contempt citations include monetary penalties, payment of attorney's fees for the other side, and even potential jail time.

Standard of proof: The evidence must show that contemnor acted with willful and intentional disobedience. Defendant is required to answer Rule to Show Cause. If defendant fails to appear or refuses to answer, trial court may proceed to attach and punish defendant for contempt.

In order to find an individual in contempt, a court must be able to determine that the party in question acted in willful disobedience of the court's order. If an individual has to seek court intervention, a motion explaining the circumstances must be filed with the court and a hearing would be requested.

Per Indiana Code 34-47-3-6(c), the possible punishments for being found in contempt of court for parenting time violations in Indiana include fines, imprisonment, or a combination of both fines and imprisonment.

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Indiana Motion for an Order of Contempt for Violation of Injunction