Oregon USLegal Pamphlet on Contempt of Court

State:
Multi-State
Control #:
US-PMPH-03
Format:
Word; 
Rich Text
Instant download

Description

This pamphlet provides an overview on the contempt process, both in civil and criminal matters. Specific detail is provided on how contempt motions are filed and dealt with in a divorce case.

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FAQ

33.065 Procedure for imposition of punitive sanctions. (2) The following persons may initiate the proceeding by an accusatory instrument charging a person with contempt of court and seeking a punitive sanction: (a) A city attorney.

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, ...

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".

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.

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).

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.

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.

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Oregon USLegal Pamphlet on Contempt of Court