Mississippi Petition to Find Defendant in Contempt

State:
Mississippi
Control #:
MS-61776
Format:
Word; 
Rich Text
Instant download

Description

This model form, a Petition to Find Defendant in Contempt, is intended for use to initiate a request to the court to take the stated action. The form can be easily completed by filling in the blanks and/or adapted to fit your specific facts and circumstances. Available in for download now, in standard format(s). USLF control number MS-61776
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FAQ

SCANDALIZING THE AUTHORITY OF COURT: INTERFERENCE WITH THE COURSE OF JUDICIAL PROCEEDINGS: INTERFERENCE WITH THE ADMINISTRATION OF JUSTICE:

Depending on the infraction, contempt of court consequences can include fines, compensatory visitation, a modification to the custody arrangement, and in some instances even jail time. In most cases, if someone is held in contempt, the court will first give them the opportunity to make amends for the violation.

In order to be found in contempt of court, there needs to be proof of willful disregard of a court order. Willful contempt means that the contemnor was aware of the court order, had the ability to follow the specifics of the order and chose not to without any mitigating circumstances.

File an action for contempt with the court. In contempt actions, you ask the court to enforce the order and make a finding that the other parent willfully disobeyed the court order. This is very complicated and can have serious consequences. Talk to a lawyer to get help with it.

Contempt of court, often referred to simply as "contempt", is the offense of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice and dignity of the court.

To get a contempt finding, you must usually file a court document called a "motion for an order to show cause." That puts the burden on the parent who isn't following the custody or visitation order to explain to the court the reasons why he or she should not be held in contempt.

There is a valid court order in effect. The other person knows about the court order. The facts show a plain violation of the order. You have given the person notice of the contempt hearing and a chance to be heard. Contempt is an appropriate remedy for the violation.

PETITION FOR CITATION FOR CONTEMPT OF COURT That the defendant is able-bodied, capable of earning adequate funds with which to comply with the orders of this Court, and that said defendant has willfully failed or refused to pay support as ordered by the Court.

You file a Complaint for Contempt. In a contempt case, you ask the court to decide that the other parent is in contempt. Contempt means not obeying the child support order even though you are able to.This decision is a Judgment of Contempt.

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Mississippi Petition to Find Defendant in Contempt