Oregon 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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US-02228BG
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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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How to fill out 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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FAQ

ORS 33.065 limits the filing of punitive contempt actions to a city attorney, district attorney, or the Oregon Attorney General. What this means is that you can't file a punitive contempt action on your own, but a city or state attorney may do so.

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, ...

Pursuing an action for contempt of court for failure to pay child support to comply in the future. The circuit court judge may also impose a jail sentence.

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 ...

Punitive Contempt of Court in Oregon Punitive contempt actions can result in ?confinement.? This means jail time, and this penalty is what distinguishes them from remedial actions. ORS 33.065 limits the filing of punitive contempt actions to a city attorney, district attorney, or the Oregon Attorney General.

Punitive Contempt Rather than fining the person or having them sit in jail until compliance, punitive contempt involves the person suffering a consequence whether they comply with the court order or not. Punitive contempts are used to ?vindicate the dignity of the court? and to impose ?punishment? on the person.

If the court finds someone is in contempt, the court may order that person to remedy their contempt by paying money, or allowing make-up parenting time; the court may order almost anything which is designed to make the person comply in the future. The court may even put the contemnor in jail.

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.

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Oregon 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