How do I file contempt of court in Mississippi?

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.

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Mississippi Motion for Contempt and Modification

Mississippi Motion for Contempt and Modification

Category:

Family Law - Divorce - Contempt

State:

Mississippi

Control #:

MS-61778

Format:

Instant download

Description

A motion is a written request to the court to take a certain action. The court will either grant or deny the motion in accordance with law and court rules. This document, a Motion for Contempt and Modification, is a model motion requesting the named action from the court (or a general motion form). Adapt to fit your facts and circumstances. Available for download now in standard format(s). USLF control no. MS-61778

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How to fill out Mississippi Motion For Contempt And Modification?

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FAQ

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.

If a person is found to be in contempt, the court is able to impose sanctions, which may include the following: jail time (usually 1-30 days) ordering the party held in contempt to pay the money owed. ordering the party held in contempt to pay the other party's attorney's fees.

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.

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.

At the hearing, you will have to swear to tell the truth before you present your case. As the party alleging contempt, you will probably speak first. Keep your explanation of how your ex disobeyed a court order brief and only talk about the reasons you asked for the contempt action.

Proof of contempt Being found in contempt of a court order is extremely serious, and the sanctions imposed can be severe. The court will require clear and concrete evidence of willful disobedience of the court order.

Under law of Limitation as provided in the Act, contempt petition can be filed within one year from the date of occurrence or commission of contempt and another aspect is that why petition is not filed as soon as contempt is committed within reasonable period.