New Hampshire Petition for Contempt

State:
New Hampshire
Control #:
NH-NHJB-2199-FS
Format:
PDF
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Description

This is an official form from the New Hampshire Judicial Branch. This petition is filed by a party who asserts that another party is in contempt for failing to follow a court order. It complies with all applicable laws and statutes. USLF amends and updates the forms as is required by New Hampshire statutes and law.

Key Concepts & Definitions

A petition for contempt is a legal document filed in court when an individual or entity believes that another party has failed to comply with a court order. This might include failure to pay child support, ignoring custody arrangements, or not adhering to court-mandated payments or actions.

Step-by-Step Guide

  1. Determine the Need: Assess whether the other party has violated a court order, which is essential for filing a contempt petition.
  2. Collect Evidence: Gather all documents and evidence proving the violation of the court order.
  3. Legal Consultation: Consult with a lawyer specialized in family law or the relevant legal area to discuss your situation and get professional advice.
  4. Filing the Petition: Your lawyer will help draft and file the petition for contempt with the appropriate court.
  5. Serve the Petition: The accused party must be legally served with the petition, informing them of the allegations and upcoming court date.
  6. Court Hearing: Attend the court hearing, where both parties can present their evidence and arguments.
  7. Judge's Decision: The judge will make a decision based on the evidence presented.

Risk Analysis

  • Legal Risks: Inaccurate representation of the violation or lack of sufficient evidence can lead to the dismissal of the case.
  • Financial Risks: Legal fees, court costs, and potential sanctions if the petition is deemed frivolous.
  • Relationship Risks: Further strain on personal or business relationships between the parties involved.

Best Practices

  • Consultation with Legal Professionals: Always seek legal advice to understand fully the implications of filing a petition for contempt.
  • Detailed Documentation: Keep thorough records of all interactions and violations to support your case.
  • Consider Mediation: Before proceeding with legal actions, consider mediation as a less adversarial approach.

Common Mistakes & How to Avoid Them

  • Lack of Evidence: Ensure you have concrete evidence before filing. Documenting every incident meticulously can be crucial.
  • Filing Too Soon: Consult with a lawyer to determine the right timing and strategy for filing the petition to avoid premature actions.
  • Ignoring Legal Advice: Legal proceedings can be complex; adhering to professional advice is essential for navigating them successfully.

FAQ

  • What can be the consequences for the accused if found in contempt? Penalties can range from fines and compensatory visitation to jail time, depending on the severity of the offense and local laws.
  • Is a lawyer necessary for filing a petition for contempt? While not mandatory, consulting a lawyer is highly recommended due to the complexities of legal procedures and the potential impacts of the outcome.
  • How long does the process take? The duration can vary widely depending on the local courts schedule and the specifics of the case. It could take anywhere from a few weeks to several months.

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FAQ

Read the summons and make sure you know the date you must answer by. Read the complaint carefully. Write your answer. Sign and date the answer. Make copies for the plaintiff and yourself. Mail a copy to the plaintiff. File your answer with the court by the date on the summons.

If the other parent doesn't obey a court order, you can file a form with the court called a Motion for Contempt. This Motion asks the court to hold a hearing where the other parent will have to explain why they aren't following the court order(s).

Read the summons and make sure you know the date you must answer by. Read the complaint carefully. Write your answer. Sign and date the answer. Make copies for the plaintiff and yourself. Mail a copy to the plaintiff. File your answer with the court by the date on the summons.

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.

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.

How do I get an application for child support services? ; request an application by email at BCSS-CIU@dhhs.nh.gov (please indicate "Application Request" in the subject line and include your full name and mailing address in body of email); or contact your local DHHS District Office.

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.

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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New Hampshire Petition for Contempt