Fill and Sign the Uslegal Pamphlet on Contempt of Court Form

© 2016 - U.S. Legal Forms, Inc USLegal Pamphlet on Contempt of Court I NTRODUCTION In legal terminology, 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 both civil and criminal contempts and the line distinguishing the two often blurs. The defiant person is called the contemnor. In some cases, such as contempt for not obeying a child support order, paying the amount owed is the solution to avoid further penalties, and the payment is referred to as "purging the contempt." There are essentially two types of contempt: a) 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 b) willful failure to obey an order of the court. Failure to make a court-ordered payment, such as alimony, may result in a finding of contempt. The court's power to punish for contempt includes fines and/or jail time. Since the judge has discretion to control the courtroom, contempt citations are generally not appealable unless the amount of fine or jail time is excessive. "Criminal contempt" involves the obstruction of justice, such as threatening a judge or witness or disobeying an order to produce evidence. Criminal contempt occurs when the contemnor actually interferes with the ability of the court to function properly - for example, by yelling at the judge. This is also called direct contempt because it occurs directly in front of the judge. A criminal contemnor may be fined, jailed or both as punishment for his act. Civil contempt occurs when the contemnor willfully disobeys a court order. This is also called indirect contempt because it occurs outside of the judge's presence and evidence must be presented to prove the contempt. The theory behind the punishment is to coerce the contemnor into obeying the court, not to punish him, and the contemnor will be released from jail just as soon as he complies with the court order. In family law, civil contempt may be a method of enforcing alimony, child support, custody and visitation orders which have been violated. C ONTEMPT IN D IVORCE A motion for contempt often is made when an ex-spouse fails to comply with the terms of a final divorce decree. For example, the former spouse may fail to deliver a deed as part of the property settlement ordered in a divorce decree, may fail to pay court-ordered child support, or comply with custody and visitation orders. In such cases, the injured party may file a motion for contempt with the court that issued the order, as the court retains continuing jurisdiction to enforce its orders. The motion may be filed as a pro se litigant or through an attorney. A motion for contempt may also be referred to as a motion to show cause in some areas. A copy must be served on the other party, with a certificate of service attached to the motion to prove that the other party was served. The motion must state what areas of the final decree have been violated and why the ex- spouse should be held in contempt of court. In some cases, an affidavit may be attached, listing the facts in the case that support the claim of contempt. A hearing will be scheduled and the burden of proof is on the injured party to show why the other party should be held in contempt. When in court, the person seeking a contempt order should be polite, and tell his/her side of the story calmly, sticking to the facts. The reasons for seeking a contempt order should be explained clearly, explaining what the previous order was and how it has been disobeyed. Then a request should be made, asking the court what the desired order should tell the contemnor to do. At the end of the hearing, the judge may make a ruling “from the bench” (on the spot). Often, though, the judge will say, “I’ll take the matter under advisement,” which means a decision will be made later. In that case, the clerk will send you a copy of the decision that has the judge’s orders. If you do not hear from the court in a few days, call the clerk and ask about the case. If the judge determines the other party is in contempt of the divorce order, the judge will issue an order holding the ex-spouse in contempt and specifying how they can purge themselves of the contempt. The judge may order him/her to immediately comply or give them a certain amount of time to comply. Every state has laws that would allow your ex-spouse to seek an early release or no jail time at all. Some grounds for no jail time are: •No one to care for dependent children. •Possible loss of his/her job. •Physical or emotional disabilities. •Proven inability to comply with the court order.