Kansas Motion for an Order of Contempt for Violation of Injunction

State:
Multi-State
Control #:
US-02226BG
Format:
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

If the court determines that the person is guilty of contempt, the court may punish the person by a fine in an amount to be set by the court or by imprisonment in the county jail for a period of not to exceed 30 days, or both.

Punishment Even outside of child support, fines and imprisonment are the main punishments the court can use in contempt cases. Section 20-1204a offers two additional punishments when the order violated is for child support.

(a) If any person neglects or refuses to perform an order or judgment of a court, other than for the payment of money, such person shall be guilty of contempt of court; and the court shall issue an order to appear and show cause requiring such person, on a day to be stated in such order, to appear before the court and ...

A party shall have twenty-one (21) days to respond to a motion to dismiss or for summary judgment. The party may, within fourteen (14) days after the service of such response in opposition upon him, file an original with the clerk and serve upon all other parties a copy of a written reply memorandum.

A court must determine whether the party had the ability to comply and willfully refused. Civil contempt is not a felony or misdemeanor. If a judge determines the party in contempt, sanctions may be ordered to encourage compliance, such as incarceration or payment of attorney fees and court fees.

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Kansas Motion for an Order of Contempt for Violation of Injunction