South Carolina Motion to Cite Plaintiff for Contempt of Temporary Judgment Requiring One-Half Mortgage Payment - Domestic Relations
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How to fill out Motion To Cite Plaintiff For Contempt Of Temporary Judgment Requiring One-Half Mortgage Payment - Domestic Relations?
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FAQ
If the court approves, the defendant will be held in civil contempt and can be ordered to pay a fine and/or receive time in jail. Violating a valid DVPO in North Carolina is a Class A1 misdemeanor, and can be punishable by up to 150 days in jail depending on the person's previous criminal record.
How Do I Hold Someone in Contempt for Violating a Family Court Order? If the contempt is constructive, then you must file a Rule to Show Cause (?RTSC?) and serve it on the other party. At the RTSC hearing, the filing party presents their evidence as to the other person's alleged violation of the order.
How much time do I have to file a Motion to Reconsider? Motions to reconsider are governed by the South Carolina Rules of Civil Procedure. Rule 59 gives you ten (10) days to file the motion after you receive the written order.
Contempt Powers of the Court The enforcement powers of the Family Court are known as the ?Contempt Powers,? and are outlined by the South Carolina Code of Laws as follows: (1) up to one year in prison, (2) a fine up to $1,500, and/or (c) up to 300 hours of community service.
A person who is convicted of or pleads guilty to criminal contempt is guilty of a felony and, upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both. HISTORY: 2014 Act No. 121 (S. 22), Pt IV, Section 6.
SCRFC Rule 14 outlines the procedural requirements of a Rule to Show Cause. A petition for a Rule to Show Cause must identify the Order that has been violated and the specific acts performed/not performed by the respondent that violate the Order.