West Virginia Motion for an Order of Contempt for Violation of Injunction

State:
Multi-State
Control #:
US-02226BG
Format:
Word; 
Rich Text
Instant download

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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An injunction (except in the case of any personal representative, or other person from whom, in the opinion of the court or judge awarding the same, it may be improper to require bond) shall not take effect until bond be given in such penalty as the court or judge awarding it may direct, with condition to pay the ...

(a) Any party may file a motion for reconsideration of a temporary or final order of the family court for the following reasons: (1) Mistake, inadvertence, surprise, excusable neglect or unavoidable cause; (2) newly discovered evidence which by due diligence could not have been available at the time the matter was ...

Some serious crimes have no time limit for prosecution in almost all states, including West Virginia. Some states only have no limit for crimes like murder or sex crimes against children. By contrast, West Virginia has no time limits for all felonies except perjury, which has a three-year limitation.

The Family Court Judge's Domestic Violence Protective Order may provide for child custody, payments, and temporary possession of property. If the Family Court Judge does not issue a Domestic Violence Protective Order, the case is over and the Emergency Protective Order is no longer in effect.

When a court orders a person to do something, or to not do something, they are required by law to comply with that order. If they violate the order by doing the thing they were forbidden to do, or by failing to do what they were ordered to do, they have violated the order and can be held in contempt.

If the contemnor fails or refuses to purge himself of contempt, the court may confine the contemnor to the county jail for an indeterminate period not to exceed six months or until such time as the contemnor has purged himself whichever shall first occur.

What Is the Statute of Limitations in WV? For most types of civil cases, the statute of limitations in West Virginia is two years. Most misdemeanor criminal charges must be filed within a year, while felonies have no statute of limitations.

In the event such person is adjudged guilty of contempt, the person may be fined not more than $50 for the first offense. For a second offense pertaining to the same matter the person may be fined not more than $100.

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West Virginia Motion for an Order of Contempt for Violation of Injunction