Oregon 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

ORS 33.065 limits the filing of punitive contempt actions to a city attorney, district attorney, or the Oregon Attorney General.

Being held in contempt, or disobedient of a court order, will result in paying money, serving jail time, or other remedies such as allowing make-up parenting time.

ORS 33.015(2)(b) defines ?contempt? as the willful disobedience of court orders or judgments.

If a judge signed a court order or judgment that establishes parenting time and if the order is currently valid and is being violated by the other parent, you may request enforcement of this order or judgment. Most local courts have created their own enforcement forms which may be found at "Parenting Plan Enforcement".

33.015 Definitions for ORS 33.015 to 33.155. (2) ?Contempt of court? means the following acts, done willfully: (a) Misconduct in the presence of the court that interferes with a court proceeding or with the administration of justice, or that impairs the respect due the court.

Contempt of Court is when one or more parties willfully disobeys a court order or judgment. If a party is found in contempt, the Courts can order fines, attorney fees, compensation for damages, and even probation and confinement (aka incarceration or jail).

Notwithstanding ORS 33.105 (Sanctions authorized), the term of confinement for contempt for nonpayment of fines or failure to make restitution shall be set forth in the commitment order, and shall not exceed one day for each $25 of the fine or restitution, 30 days if the fine or order of restitution was imposed upon ...

ORS 33.105(1)(a, c-f) allows the court to impose one or more of the following sanctions: payment of a sum of money sufficient to compensate a party for the loss, injury, or costs suffered by the party as the result of contempt; an amount not to exceed $500 or one percent of the defendant's annual gross income, ...

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Oregon Motion for an Order of Contempt for Violation of Injunction