Can a judge hold someone in contempt of court?

You may need to file a motion for a judge to hold someone in contempt, typically for violation of a child support or custody order. Most courts have forms you can use, so you can usually do this on your own without an attorney.

Can a parent file contempt of court motion?

Since you’re asking the judge to penalize the other parent for disobeying the order, your motion generally will be heard by the same judge who issued the initial order. In some states such as Maine you must get the judge’s approval to file your motion before you can proceed and serve the other parent.

How to file an affidavit for contempt of court?

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.

Can a contempt of court order change custody?

Contempt of court orders can result in: If there is contempt of court in family court, the courts will let them amend the violation. Most of the time, allowing the other parent to make up missed visitation is enough. If there are repeated offenses, a judge will change custody or order jail time.

What happens if you file a contempt of court?

A court clerk gives you a Contempt Summons. A Contempt Summons is a court order that tells the defendant: if the court decides the defendant is in contempt, the court may send him or her to jail. See a sample contempt summons. Serve the papers. Go to a deputy sheriff or constable and give them:

How to prepare for a contempt of court hearing?

Prepare for your hearing. Organizing your documents and outlining the points you want to make for the judge will help you get ready to present your case. Make sure you have copies of everything you’ve filed with the court, as well as any documents that support your request.

Can a judge add attorney fees to a contempt order?

In allowing a purge condition that adds to the original court order the payment of a fine, the Court of Appeals notes that earlier decisions have allowed trial judges to add payments of attorney fees as a part of civil contempt.

When do you have to serve a parent with contempt of court?

You also must have the other parent served within a certain number of days before the day the hearing is scheduled, typically between 10 and 15 days. If this deadline isn’t noted in your paperwork, the clerk will be able to tell you.