Montana Order Setting Show Cause Hearing
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FAQ
An order to show cause is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court. Courts commonly use orders to show cause when the judge needs more information before deciding whether or not to issue an order requested by one of the parties.
A response to an order to show cause typically requires you to show up in-person to the hearing. You can provide an answer to the order and state why you object to the order being issued.
A motion is the standard way to seek certain forms of relief from a court. An Order to Show Cause is often a quicker way to seek the same relief. It usually has some provision which directs you to do something or to refrain from doing something...
If the judge finds that you are in contempt, the judge might order you to let the other parent make up the missed parenting time or visits. The judge can also order you to pay the other parent's court costs or lawyer's fee.
It's basically an order directing a party to appear in court and explain why that party took (or failed to take) some action, or why the court should or should not grant the requested relief.The main objective of the show cause hearing is to get the party who is not following the court's order to do so.
You will need to bring the other copy with you to the Show Cause hearing. File the original Petition for Contempt, Supporting Affidavit, Order to Show Cause, and Contempt Citation with the Clerk of District Court in the county where your original Parenting Plan was filed, or in the county where you live.
Civil vs Criminal Contempt An action to essentially punish the person who does not comply with a court order is called a contempt action.A civil contempt action seeks to compel compliance with a court order before punishment occurs; a criminal contempt action can impose jail time for failure to obey.
If one parent does not follow the custody and visitation court order.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.
Fill out your court forms. Have your forms reviewed. Make at least 2 copies of all your forms. File your forms with the court clerk. Serve your papers on the other parent. File your Proof of Service. Go to your court hearing.
