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Washington Order to Go to Court for Contempt Hearing (Order to Show Cause)

State:
Washington
Control #:
WA-SKU-2361
Format:
PDF
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Description

Order to Go to Court for Contempt Hearing (Order to Show Cause)

A Washington Order to Go to Court for Contempt Hearing (Order to Show Cause) is a court order issued by a judge to a party in a civil or family law case. It requires the party to appear in court and show why they should not be held in contempt of court. The Order to Show Cause sets forth the specific facts and allegations that the party must answer in order to avoid a finding of contempt. There are two types of Washington Order to Go to Court for Contempt Hearing (Order to Show Cause): an Order to Show Cause for Civil Contempt and an Order to Show Cause for Criminal Contempt. An Order to Show Cause for Civil Contempt is generally used when a party has failed to comply with a court order, such as failing to pay child support or violating a restraining order. An Order to Show Cause for Criminal Contempt is generally used when a party has willfully and intentionally disobeyed a court order or acted in a manner that is disrespectful to the court. The Order to Show Cause will specify the date, time, and location of the hearing. At the hearing, the party must present evidence and/or arguments as to why they should not be held in contempt. The court will then make a determination whether the party is in contempt and, if so, what type of punishment is appropriate.

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FAQ

Possible remedial sanctions for committing contempt of court in Washington may include: Imprisonment extending as long as necessary to serve a coercive purpose. A forfeiture, for $2,000 maximum, for each day the contempt of court continues. An order to ensure compliance with a prior order of the court.

Here is the procedure: You file a motion.You get a hearing date by having a judge sign an Order to Go to Court for Contempt Hearing (Order to Show Cause) You have the contempt papers (and usually the original court order) properly delivered to (served on) every other party. You go to the hearing.

A Motion for Order to Show Cause asks the court for specific relief. The relief being requested can relate to many areas of family law. When a party files a Motion for Order to Show Cause, the court sets a hearing date for the parties to argue the matter before a family law judge.

If the judge finds the parent to be in contempt, the judge will decide on a punishment. This could be a fine, counseling, or even a jail sentence of up to 6 months. The judge may order both of you to mediation to try to fix the problem. The judge could also make changes to the order to make it work better.

(1) It is the policy of the state of Washington to eliminate the use of juvenile detention as a remedy for contempt of a valid court order for youth under chapters 13.34 and 28A.

(2) If the court finds that the person has failed or refused to perform an act that is yet within the person's power to perform, the court may find the person in contempt of court and impose one or more of the following remedial sanctions: (a) Imprisonment if the contempt of court is of a type defined in RCW 7.21.

Show cause orders instruct parties to ?show cause? why the court should decide in their favor on a motion. More accurately, a show cause order instructs a party to appear at a hearing and show cause why the court should not grant a motion another party filed. Many of the most complicated motions are by show cause.

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Washington Order to Go to Court for Contempt Hearing (Order to Show Cause)