How to File a Contempt of Court

Drafting Your Motion

Find a motion for contempt form. A motion for contempt is a fairly standard document. Most courts have fill-in-the-blank forms you can submit without having to draft a court form by hand. Look on the court's website or pay a visit to the court clerk's office. Legal aid societies also often have motion forms available for download on their websites, along with instructions. Make sure you're using a form that is approved for use in the court that will hear your motion. Generally, you want to file your motion in the same court that issued the original order. If you live far away from that court and want to file a motion in a court closer to you, talk to a local attorney about that process.

Get a copy of the original court order. Your motion of contempt is based on another person's violation of a court order. You must either provide the docket number of that court order or attach a copy of it to your motion. Even if the court doesn't require you to attach a copy of the motion, go ahead and get a copy of the order from the clerk if you don't have one already. You'll need to present it when you go to court on your motion, and may also need to send a copy of it to the other party.

Consult an attorney if you don't want to represent yourself. Depending on the situation, you may not feel comfortable going before the judge on your own. You typically can get the other person to pay your attorney's fees if the judge rules in your favor on your motion. If you want a court to rule on your motion that didn't enter the original order, you should definitely consult an attorney. You should hire an attorney if you have a restraining order against the other person. You also may want to hire an attorney if there is a history of abuse, or you fear the other person will threaten or attempt to intimidate you.

Fill out your motion form. The motion form requires basic information about you and the other party. You then must describe the order and how the other person violated the order. You may have the option of stating what you want the judge to do about the violation. In some states the penalties for violation of an order are listed specifically in a state law. Others provide greater freedom for the judge to rule as they feel appropriate, based on the circumstances surrounding the violation. Some courts may require you to get your signature on the form notarized. Check the last page of the form to see if it includes a notary block.

Make copies of your completed form. Most courts require you to submit your original documents along with 3 copies to the clerk. The clerk will stamp them all filed and then give the copies back to you. There typically will be a copier in the clerk's office that you can use if you need it, but you'll be charged a fee for copies. That fee may be a lot higher than what you would pay somewhere else.

Complete an appearance form if you're representing yourself. If you decided not to hire an attorney, you typically will need to file an appearance form that identifies you and allows you to represent yourself in court. You may be able to download an appearance form from the court's website. You should also be able to pick one up from the clerk's office. You may have to sign this form in the presence of a notary.

Filing Your Motion

Go to the clerk's office. To file your motion, you'll need to take your original and copies to the court clerk's office. This office will be in the courthouse where you want your motion to be heard. In most cases, you'll be going back to the same court that issued the original order. Some courts may allow you to file your motion by mailing it to the clerk. However, it's usually best to go in person to avoid delays.

Pay any applicable fees. Some courts don't charge any fees for filing a motion. If there is a filing fee, it typically will be less than $50. You can check the court's website or call ahead to the clerk's office to find out for sure. If there is a fee, find out what methods of payment are accepted. Many clerk's offices don't accept credit or debit cards.

Apply for a fee waiver if you can't afford the fees. If you have lower income, you may qualify for a waiver so you don't have to pay any court fees. To apply, you'll need to fill out an affidavit with information about your income and household expenses. You can get an affidavit at the clerk's office and fill it out there. The clerk may have to witness your signature. When you turn in your affidavit, you may need to appear before a judge. If you're planning on applying for a fee waiver, wear appropriate clothing to appear before a judge.

Get a hearing date. In some courts, the clerk will automatically set your motion for hearing on the court's calendar. Others don't schedule a hearing unless you specifically ask for one. Ask the clerk when the judge will hear your motion. If the date the clerk said isn't convenient for you, try to get it moved while you're there in the clerk's office. It may be more difficult to have it changed later. Some judges only hear motions on a specific day each week. Ask the clerk about the local procedure for motions. In some courts the judge will expect live testimony from you and the other person. In other courts, you must get permission to speak to the judge about your motion.

Have the other person served. Once your motion is filed, you must let the other person know so they can appear in court and defend themselves. Typically you'll do this by having a sheriff's deputy or Marshall hand-deliver the court papers to the other person. You'll have to pay a small fee to have the documents served. If you were granted a fee waiver, it may cover your service fees as well. You may not need to have the other person served if you have a waiver of service agreement with them. If you're not sure whether they've waived service, err on the side of caution and have them served anyway.

Attending Your Hearing

Gather copies of your documents and evidence. When you go to court, you will have to prove to the judge that the other person violated the court order. You'll need to bring the court order as well as any proof you have that the person violated the order. Generally, you'll need to prove that the order was issued, the other person knew about the order, and the other person violated the order. The existence of the order can be proven with a copy of the order itself. If the other person signed the order or appeared in court when the order was issued, that proves they knew about it. Proof they violated the order depends on what the order required. For example, if you're filing for contempt over violation of a child support order, you might use your child support and bank statements.

Arrive at court at least 30 minutes early. On the day of your hearing, you want to get there with plenty of time to find the right courtroom and take a seat before court begins. You'll have to get through security at the courthouse entrance, and may need to visit the clerk's office to find out which courtroom you're supposed to be in. Wear clean, conservative clothing that is neat and presentable. Most courts have dress code rules and tips available on their website if you're unsure if what you have planned is appropriate. Bring with you only documents or other items you will need in court. Don't bring your mobile phone or other devices that might make noise and disturb the court.

Take a seat in the gallery. When you find the right courtroom, sit in the chairs or benches behind the bar. The tables at the front of the courtroom are reserved for the attorneys and parties who are actually speaking to the judge. If there are long benches, try to sit next to the aisle so you can get up and move to the front without disturbing too many people.

Stand and approach when your name is called. Once the judge takes the bench, they will start listing off the cases they're supposed to hear that day. When you hear your name, stand and say "Ready." When the judge motions you to the front, gather your belongings and move to one of the tables at the front of the courtroom. The person you accuse of violating the court order should also be present. If they didn't show up, that usually means you win by default. The judge may issue a bench warrant for their arrest.

Tell the judge your story. The judge may expect you to briefly present your motion, or they may ask you questions based on the paperwork you've filed with the clerk. Speak clearly and loudly, so that you can be heard throughout the courtroom. Address the judge as "Your Honor." Speak only after the judge gives you permission to do so, and immediately stop talking if the judge interrupts you. When you speak, you should speak only to the judge, not to the other person. You may, however, have the option to call the other person as a witness and ask them questions directly. If you have documents you want to give to the judge, hold them out for the bailiff. The bailiff will take the documents to the judge. Don't approach the bench yourself.

Listen to the response from the other person. Assuming the other person has appeared, they will be asked for any defenses they have against your claims. The judge may ask them questions based on the motion you've filed. The other person also may call you as a witness and ask you questions. However, most judges will limit this back-and-forth questioning between the parties to keep things moving along. Don't interrupt the other person or shout questions at them. Raise your hand if they say something that you want to comment on, and wait for the judge to acknowledge you and grant you permission to speak.

Wait for the judge's ruling. After the judge has heard from both sides, they will decide whether to formally charge the person with contempt. They may issue judgment and sanctions from the bench, or they may take the papers and issue a decision later. If the judge is entering a decision later, you'll be instructed when to return to the court clerk's office and get a copy of the order.

Original news source