North Carolina Motion for an Order of Contempt for Violation of Injunction

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US-02226BG
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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

This has resulted in some confusion in North Carolina regarding whether a court could order a party in civil contempt to pay a fine as well as or instead of jail time. Criminal contempt, by contrast, is punishable by censure (public reprimand), a fine up to $500 and a baseline of 30 days imprisonment.

Criminal contempt punishes behavior that already has occurred. Civil contempt tries to affect ongoing behavior. ?A major factor in determining whether a contempt is civil or criminal is the purpose for which the power is exercised.

(b2) The period of imprisonment for a person found in civil contempt shall not exceed 90 days for the same act of disobedience or refusal to comply with an order of the court.

Take your completed packet to the Clerk's Office (Civil Filing Department), Room 3725. This is where you file your motion and pay the required $20 filing fee. 3. Request that the Judge sign the Order to Appear and Show Cause.

Contempt can cover a variety of actions including failure to obey a restraining order when one has been issued against you, breaking the terms of a custody and visitation agreement like refusing your former spouse the right to see your child or not returning your child after a visitation, failure to pay attorneys fees ...

(a) Criminal contempt is direct criminal contempt when the act: (1) Is committed within the sight or hearing of a presiding judicial official; and (2) Is committed in, or in immediate proximity to, the room where proceedings are being held before the court; and (3) Is likely to interrupt or interfere with matters then ...

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North Carolina Motion for an Order of Contempt for Violation of Injunction