Montana Affidavit by Attorney and Request for Order in Support of Motion to Punish Defendant for Contempt due to Failure to Pay Alimony or Spousal Support

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Multi-State
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US-02228BG
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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

One of the last steps a prosecutor takes before trial is to respond to or file motions. A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins.

BY INDIVIDUAL FORM Motions made be in writing, or in person at a hearing with both sides present. Motion practice involves important rules regarding timing, notice and other matters directed by the Montana Rules of Civil Procedure.

What it means to file a motion: A motion, in its simplest form is a list of requests that you are asking the Court grant on your behalf. You, or your attorney on your behalf, will file a Notice of Motion which includes a list of requests for the court to rule upon.

(c) A person convicted of aggravated nonsupport shall be fined an amount not to exceed $50,000 or be imprisoned in the state prison for a term not to exceed 10 years, or both.

A person may be adjudged guilty of and penalized for criminal contempt under this section by a fine in an amount not to exceed $500 or by imprisonment for a term not to exceed 30 days, or both, and by any other reasonable conditions or restrictions that the court may consider appropriate under the circumstances.

1) In writing by filing a Motion or responding to a Motion; or 2) In person at a hearing scheduled by the Judge, with both sides present.

: considered by the court to have broken the law by disobeying or disrespecting the judge. He was held in contempt for his outbursts during the trial.

Be as persuasive as possible as you write your motion in a sequential, logical format. Express your ideas clearly, and make sure you outline what steps are necessary and how they will help your case. Use facts of the case whenever you can to avoid baseless emotional appeals.

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Montana Affidavit by Attorney and Request for Order in Support of Motion to Punish Defendant for Contempt due to Failure to Pay Alimony or Spousal Support