Contempt Of Court
The deliberate failure to comply with the orders or directives of the Court.
Question: What is Court Sancation in a motion for contempt? I am filling out papers for a motion for contempt of court and I am not sure what the term Court Sanction means? One of the options is imprisionment....help please.
Answer: Sanctions are the penalties which can be imposed by the Judge for not following his/her instructions/orders. Among the more common sanctions used by Courts are: fines, suspension of privileges and imprisonment.
Question: How do you file a motion for contempt of court in NC? My fiance has visitation with his daughter every other weekend, this is through the courts. We have previously moved and since we have moved his ex in-laws who have custody have denied him visitation, so we were told to file a motion for contempt of court against them. We want to try without a lawyer due to the outragous fees, but I'm not sure where to get the documentation from to even begin.
Answer: Document the incidents of denial for the visitation and file a complaint in court for the allowance of the visits.
Question: What does it mean to be subjected to contempt of court proceedings? I completely forgot that I have to report to Jury duty tomorrow morning at 9:00 a.m.
Well, I work a 3rd shift full time job from midnight to 8:00 a.m. and at 9:00 a.m. I am in bed finally getting my sleep.
My court papers say if I do not show up for jury duty that I could be subjected to contempt of court proceedings.
What does that even mean???
Answer: "Contempt of Court" means you failed to obey an order of the court, which is what a jury summons is.
If you don't show up, the court 'may' (whether they will or not depends on how short of jurors they are) issue a writ of Capius and send a sherrif around to your house and or workplace to get you.
Richard
Question: what happens if my ex is held in contempt of court? My ex and I are going to court in march for custody of our son, My lawyer is having him held in contempt for not paying his court ordered child support. What is going to happen because of this?
i would also like to know if this is going to hurt his case in the custody battle
Answer: It is all up to the judge to determine the punishment. He will either have to pay a certain amount or all of back support or serve time in jail. Now, most places will not actually put a person in jail for failure to pay child support (if it is their first offense). What the judge may do is sentence him to 30-90 days in jail, suspended, and placed on unsupervised probation (or misdemeanor probation) for 30-90 days.
That is the most common procedure.
Question: Does anyone know what might happen at a contempt of court hearing in Florida for Child Support? I have to go to court because my ex has not paid his child support and is now being charged in contempt... He is being charged in Florida.. Does anyone know what might happen in court, and what he might get?
Answer: I just finished a 3 year case. That is now being reopened becasue he uped and moved and didnt tell me. Anyways, I had to file those charges a couple times and nothing happened. They just said pay the money and by the time it got back to the court again he would pay a little and they would say well he is making an effort. It was a joke youwould think they would give him more then a slap on the hand. Maybe suspension of visitation or revoking of visitation(like knocking of time go from say 143 days to 96) or something. IT WAS A MAJOR JOKE. and when you try to suspend his license HAHAHA. Thats even worse. I hope you have a good lawyer.
Question: Is relocating out of state without altering a court ordered parenting plan contempt of court? Ex and I shared custody amicably for 8 years in washington with a legal parenting plan. He decided to move to california for a lifestyle change. Our parenting plan says he has the boys 3 nights a week. He does not want to change the parenting plan to reflect the new situation. Is this technically contempt of court?
Answer: If he continues to see the children I wouldn't think so. But if your court order states the children cannot leave the state and he takes them across the state line then definately. However, 3 nights a week. . .if they are in school this could cause a hardship on the children due to the difference in traveling and could affect their school performance.
I would contact my attorney.
Question: If I disclose my anarchical views as a jurist, could I be held in contempt of court? I have been selected for jury duty. I feel the courts are part of a system demonstrating an abuse of governmental power. When asked during jury selection, must I reveal my unconventional opinions toward the court, or can I decline to answer pointed questions? Could I be held in contempt of court for my long held beliefs?
Am I in a bind, or am I immune if I speak the truth?
Answer: Think of the morally innocent person who could end up in the hell on earth that is modern prison if he is judged by 12 lemmings. You should do whatever is necessary to get on that jury, even if you have to tell lies.
Just think; you may one day fall afoul of an unjust and abusive "law." Wouldn't you rather have someone like you on the jury? Do the right thing.
Question: is it possible to stop a contempt of court my mother started? My mother has started to sue my dad for a contempt of court because he has not shown the proof that he has money he is supposed to give to me. It should be between me and him. however she has taken it upon herself to sue even though i do not want her to. Is there any way i can stop this from going any farther? i have tried talking to her and that has not helped she is still going through with it.
Answer: Refuse to testify.
Question: What is the average time for contempt of court? If I have a warrant for contempt of court what usually is the amount of time on the sentence?
Answer: A fine or community service
all depends if his honour
has been having a good or bad day
and the severity of your being given contempt of court
Question: What are penalties for being held in contempt of court? If somebody refuses to answer questions to the court or his lawyers, and refuses to accept the lawyer in the first place, I assume he will be held in contempt of court. What kind of penalties would he face?
what kind of jail time?
Answer: Jail and/or fines.
Question: If someone is in contempt of court for now following a visitation order what can happen? If you go against a court order for visitation what can happen if the other party files a contempt of court?
Answer: they go to jail and chances are they get terminated from children
Question: How can you file contempt of court charges against an ex-spouse without going thru an attorney? A friend of mines ex was supposed to have a vehicle sent to him by July 16th and it has still not left her possession. He needs to file contempt of court charges on her but does not have the money to go thru a lawyer and is not on good terms with his divorce attorney. He had to turn his divorce attorney into the bar association for not doing his job. Thanks.
Answer: Contempt of court charges can only be issued by a judge.
Question: Attorney says nothing can be done in filing a contempt of court if papers cannot be served True or False? What happens when papers cannot be served against a person for contempt of court. He cannot be found, but he has temporary custody of my two children. My attorney says we can't do anything until papers are served. State - Mississippi.
Answer: Don't know much about MS law, but you could cross-file for temporary custody. When it comes to the Court's attention that you have a pending motion for contempt and he has fled the jurisdiction, they may change temp custody to you. That would give you more leverage, and might even be the basis for a warrant for his arrest for absconding with the kids.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. Answering this question does not indicate an attorney-client relationship. **
Question: What goes on in a Contempt of court hearing due to child support? My Ex husband has gotten a court order to appear in court for contempt, due to non payment of child support, and failing to keep his appointments with the state case worker.
He has been ordered for child support for 8years now. He maintained to pay as little as possible. he has also gotten away with getting a small paying job for about 6 months at a time. I guess he figured at least he was working. Our state (La) child support enforcement case worker has pushed this issue for me. He has gotten 2 other women pregnant since our divorce 8 years ago, and these cases are also being brought up into this hearing.
Answer: they will find him and put him in jail for 60 days i believe. At the end of 60 days they will simply re book him if he still refuses to pay what he owes. While he's in jail he will still owe child support, so jail is not a way of escaping payments.
Question: Who can get you out of jail for contempt of court? Besides the judge, who has the authority to get you out of jail, if you're being held for contempt of court?
If it's municipal court, can the mayor get you out? If it's a county court, can the sheriff get you out? If it's a state supreme court, can the governor get you out? If it's a federal court, can the president get you out?
Answer: Only the judge can get you out or the case closes.
Question: What is the penalty for contempt of court in Placer County? My ex-wife was just charged with 12 counts of contempt of court for not paying child support. What could her penalty be? Jail, Fines etc.?
Answer: The Judge decides this. It can include jail time, a fine, a change in, or institution of probation. Jail time depends on whether they have room for her or not. The fine amount will depend on her testimony and past history. The Judge will also decide on maintaining/changing probation.
Question: What is the punishment for contempt of court? My ex-wife took large sums of money from the joint accounts and put it in accounts in her name alone, which eventually ended up in divorce. The court ordered half of it to be paid back to me. She has not done it in 1 year and switches the accounts around to hide it from the court.
If I file a contempt of court charges against her, can I ask for punitive damages (What % of the money owed?) or is she going to jail? what is the usual punishment?
Answer: I hope this helps but I am currently filing a contempt of court and the Public Defender is stating that I cannot due to the fact that its past due meaning the Statue of Limitation. This Public Defender is wrong. I was advised in California that you can collect that percent you're speaking of but you must enter it in the paperwork. I didn't do that so I loss out of the percent. I may lose this case cuz I have no Attorney. I am going in their with every bit of what I think is evidence to hold this contempt. Of course, some Judges don't want to waste court time so they just slap a 500-1000 fine without any type of enforcement of the money due you. Be prepared for anything in court. Some states have different rules and procedures. Just look for evidence such as where these bank account are located. You can subponea her bank statements. If you have an Attorney that person should request all her financial obligations including the bank statements. If she doesn't comply than she will be found guilty. As for the charges she will just get a fine. The jails are too crowded to hold a minor offense like this so don't be jumping up and down. I am feeling the crunch with my contempt. I had to mail the Public Defender my burden of proof. I may never get to argue my case and they may just slap my ex with a 500 fine that will be applied to the other contempt of court for a criminal matter. He got 5 days served which means no actual behind the bars stay in a cell situation only the money of 1000. Thats nothing. But with that previous contempt and this one plus another one that I added I really don't know what the outcome may be. I am feeling I'll lose my case since I am representing myself as Pro Per. Not every answer will give you what you look for but just google your percentage question and see what comes up. My contempt is for Spousal Support since 2005 so we're looking at 32 months of percentage. If I read the procedures for contempt it states if you're found guilty since the first beginning of the court order they count that day to the currrent. That for you may be 50-60 days in jail for your ex now this is just a guess. For mine, I think my ex would get 6 mos jail time but I could be wrong. My paper states 5 days for each time you violate the court orders. I took 12 mos times 5 day equal 60 days. I just wish the courts would be more toughe on people who don't follow court orders.
Question: If I take my ex to court for contempt of court will the judge order her to pay restitution? Im planning on taking my ex to court for numerous violations to our seperation agreement and parenting plan. If shes found guilty what is the likelihood the court will order her to pay restitution in the sum of my legal exspenses to bring her to court? Also, what will likely her punishment be?
Answer: This does not result in a finding of guilt or innocence. It results in a finding of contempt or a denial of your request.
It depends on the violations and her reasons for them. It also depends on how you have behaved during the process. There are a number of options available to the judge. He can deny your request. He can grant your motion, find her in contempt and instruct her to comply with the orders. He can order her to pay your reasonable legal fees associated with the contempt motion. He can also modify the orders so she isn't required to continue doing what the original order demanded.
There generally isn't any other "punishment" for being in contempt unless there is a long pattern and practice of defying court orders. It just involves a finding by the court that a party acted in contempt of a court order. This type of finding happens very regularly.
Question: Non-compliance by paying less with contempt of court order? If a non-custodial parent has been held in contempt of court and ordered back into the court on a future date, how would the court respond to the non custodial parent paying less than the court order? The order is $750 per month and the person paid only $500. Would the non-custodial parent be ordered to jail?
Answer: I doubt if they would be put in jail if they are trying to pay. They may give them a certain length of time to get caught up and if that doesn't work then give them jail time.
Question: Can I file for my ex to be in contempt of court for this? My Ex is required to pay medical insurance for our child and provide the insurance card, but he refuses. In the 7 years we've been divorced, he has never given me a copy of the insurance card. Can I file for him to be in contempt of court? How can I get him to provide a copy to me? We live in TX.
Answer: You can ask the Court to find him in contempt if he fails to comply with a court order. If the Order says he has to provide you with the insurance card for the children and he refuses, file a Motion for Contempt and ask for attorney fees as well. Your lawyer can help you with this and should insist on the Judge ordering him to pay for all related costs including but not limited to medical expenses you would not otherwise have had to pay but for his refusal, failure and neglect to give you the card (or even a copy of the card).
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