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Ohio Motion for an Order of Contempt for Violation of Injunction

Category:
Civil Procedure - Contempt
State:
Multi-State
Control #:
US-02226BG
Format:
Word; 
Rich Text
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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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  • Preview Motion for an Order of Contempt for Violation of Injunction

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How to fill out Motion For An Order Of Contempt For Violation Of Injunction?

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FAQ

A motion to show cause is used to bring one party's failure to comply with a Court order to the Court's attention. The motion to show cause must be completely filled out and must be supported by an Affidavit.

In a punitive situation, the court can order up to 180 days in jail upon a finding of contempt. The amount of time is up to the judge and there are judges out there who will not hesitate to impose a jail sentence. In a remedial situation, the court can also order jail time in a remedial fashion.

Being found in contempt can result in fines, sanctions, and even jail time. Court orders may also order a person not to do something. This could be a parent being ordered not to disparage the other parent in front of their child.

If you willfully avoid paying court ordered child support, you can be prosecuted as a felon for criminal nonsupport under the Ohio Revised Code. If convicted, you can be sentences to prison for up to 18 months for each child you did not support. Your will still owe when released.

Depending on the nature of the allegations, contempt is an offense that is punishable by up to 30 and 90 days in jail. If you are convicted of contempt, additional potential issues include: Maintaining your current employment. Licensure issues in some professions.

Ohio law provides criminal penalties for parents who fail to pay support for more than 26 out of 104 weeks, or who owe "arrearages" (overdue child support payments) in excess of $5,000.

"If the finding is for civil contempt the punishment is remedial, and for the benefit of the complainant. But if it is for criminal contempt the sentence is punitive, to vindicate the authority of the court."

The Process of Filing for Contempt The motion explains to the court what the order that has been violated states, and how the other party is violating the order. The motion asks the court to order the other party to appear in court and show cause why he or she should not be punished for disobeying the court's order.

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