how long does it take for a lawyer to file contempt of court

Full Answer

How long do I have to respond to a contempt motion?

Once a party has been served with a motion for contempt, he or she has thirty (30) days to answer or to respond to the motion. Upon responding to a motion for contempt, a defendant may either lodge a defense or he or she may purge the contempt by complying with the court's order and remedying any past due support obligations.

When to file contempt of court charges in a divorce case?

Filing contempt of court divorce charges should only be done if your orders are actually enforceable by contempt and if your ex intentionally disregarded the orders, even though he or she had the resources to comply with them.

What is the process for filing a contempt of court?

The contempt of court motion must be signed and notarized, and filed with the court. The court will then sign a citation, and return the citation and the order to you. A hearing date will be set by the court.

What happens if you are convicted of contempt of court?

Being convicted for contempt of court is punishable by fine or imprisonment or both. There are both civil and criminal contempt; the distinction is often unclear.

2 attorney answers

Contempt is an effective procedure, but can be frustrating, even for an inexperienced lawyer. There are a few tricky rules to get to a hearing, with notice and service 14 days before, and even when you get there, the court often continues the hearing to another date. Why hasn't your attorney filed for a Writ of Habeas Corpus? More

John Stocks

Contempt is an effective procedure, but can be frustrating, even for an inexperienced lawyer. There are a few tricky rules to get to a hearing, with notice and service 14 days before, and even when you get there, the court often continues the hearing to another date. Why hasn't your attorney filed for a Writ of Habeas Corpus? More

What to do before filing a contempt of court motion?

Before you file a motion for contempt of court, you may want to exhaust other options, such as sending a demand letter to the other party. The judge may not look kindly on your motion if there were simpler options available to you that you didn't use.

How to find a motion for contempt?

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.

What happens if someone doesn't comply with a court order?

If someone doesn't comply with a court order, they can be held 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.

How to get a hearing date?

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.

How to file a motion for a court order?

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.

What to do if the clerk says the date isn't convenient?

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.

How much does it cost to file a motion in court?

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.

What Is Contempt of Court?

Contempt of court is any willful disobedience, or disregard, of a court order. Contempt of court includes misconduct in the presence of a court, including any action that interferes with a judge’s ability to administer justice. Contempt also includes any behavior that insults the court. Contempt is punishable by fine or imprisonment or both.

What happens if a plaintiff wins a civil contempt suit?

If the plaintiff wins a civil contempt suit, he or she may be entitled to attorneys fees. Examples of violating a court order include failure to pay child support or failure to follow a restraining order.

What are the two types of contempt?

What Are the Different Types of Contempt? There are two basic types of contempt of court. The first type is criminal contempt, which may be further divided into direct and indirect contempt. Direct contempt is when a person acts disruptively in a court room and the judge uses his authority to summarily declare that person to be in contempt of court.

Is there a criminal trial for indirect contempt?

No criminal trial is needed for such a charge. Indirect criminal contempt is a charge brought by a prosecutor against a defendant who has willfully violated a court order. To convict a defendant of indirect criminal contempt, all criminal procedural protections are attached, including proving the contempt beyond a reasonable doubt.

How long does it take to respond to a motion for contempt?

Once a party has been served with a motion for contempt, he or she has thirty (30) days to answer or to respond to the motion. Upon responding to a motion for contempt, a defendant may either lodge a defense or he or she may purge the contempt by complying with the court's order and remedying any past due support obligations.

What is contempt of court?

Contempt is the process where one party may bring a legal action against another party for their failure to comply with a court order (for example, failure to pay child support or alimony). When thinking about filing for contempt and beginning the contempt process, there are 3 requirements that must be considered and met:

What happens if the defendant in a contempt action chooses to lodge a defense?

On the other hand, if the defendant in the contempt action chooses to lodge a defense, a hearing on the matter will be set.

How to initiate an action for contempt?

A party may actually initiate an action for contempt by serving the offending party with the motion for contempt personally, similar to how a complaint for divorce is served on a defendant. A defendant or respondent in an action for contempt is entitled to reasonable notice of any hearing on the matter, and he or she is also entitled to an opportunity to be heard at any hearing on the motion for contempt. In essence, what this means is that the offending party must have an opportunity to defend himself/herself.

What does a defendant have to show at a contempt hearing?

At the hearing the defendant must ultimately show that either there was no failure to comply with the order or that any non compliance was not willful. If the defendant can prove that, they can successful defend against the contempt.

What happens if you don't prove contempt?

If not, the defendant will be found in contempt and could suffer sanctions, wage garnishment or even jail in some cases. It's important to remember that contempt actions are often complex matters that involve both parties putting forth evidence to prove their case.

Who must have standing to enforce a court order?

1) The initiating party must have proper standing to enforce the court's order through a contempt action. What this means is that the party initiating the action for contempt must be the former spouse or parent awarded the child support, alimony, division of property, child custody or other award.

Jacob Ryan Lauser

That all depends on the court and the caseload. Usually a contempt order is processed the same as any other motion before the court. Most recently, it seems to be 2 to 3 months out, and of course, service of process applies. Speak to the court clerk in your area to get a better idea of how far out these...

April Marie Townsend

It's hard to say. It will likely depend on the court's volume and the gravity of the contempt. Your best bet is to call the court to get an idea of how far out they are scheduling petitions comparable to yours.

What is the goal of a court?

The court’s goal is to “fix the problem” by getting people to comply with the orders and through rehabilitation when possible . For example, if a father stops paying child support because he lost his job, that action probably wouldn’t be enforceable by contempt, though the court may put other remedial measures in place.

What happens if you violate a suspended commitment?

If the party violates those terms, the judge can revoke the suspended commitment and send the party to jail. For example, say the party was two months behind on child support, the judge could say, “I’m not going to throw you in jail right now.

What to do if divorce decree is violated for non-payment of child support or spousal support?

However, most of these remedies involve taking away a person’s livelihood and ability to earn. For example, along with jail time, a judge can take away a party’s driver’s license . The court can also take away their license to practice law, accounting license and so on, if there is a violation of divorce agreement.

What happens if a divorce decree is not followed?

What happens if divorce decree is not followed? When it comes to contempt of court divorce charges, jail time is the most extreme remedy. In addition, attorney’s fees, monetary judgments, additional temporary orders and other remedies may be available for contempt actions.

What to do if your ex doesn't comply with divorce decree?

When your ex does not comply with your divorce decree, what steps can you take? If your ex-spouse willfully disregarded orders set forth in the decree, you may be able to file a motion for contempt. If the judge believes your ex willfully violated orders in the decree, he or she could hold your ex in contempt of court.

Can draining a bank account be contempt of court?

Consequently, draining the account may qualify for contempt charges in divorce. However, those specifics need to be clearly spelled out (that the $38,000 bank account was awarded to her) when the orders are drafted, in order to be enforceable by contempt.

Can you press the court to impose remedies?

You can press the court to impose these remedies but the question remains: Is removing your ex’s ability to make a living a smart idea if you want him or her to pay spousal and/or child support?

What is contempt of court?

Contempt of Court - Civil or Criminal. A judge who feels someone is improperly challenging or ignoring the court's authority has the power to declare the defiant person (called the contemnor) in contempt of court. There are two types of contempt: criminal and civil.

What is the difference between civil contempt and criminal contempt?

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.

What are the two types of contempt?

There are two types of contempt: criminal and civil. 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.

What is civil contempt?

In family law, civil contempt is one way a court enforces alimony, child support, custody, and visitation orders which have been violated. However, many courts have realized that, at least regarding various procedural matters such as the appointment of counsel, the distinction between civil and criminal contempt is often blurred and uncertain.

Can a contemnor be jailed?

A civil contemnor, too, may be fined, jailed, or both. The fine or jailing is meant 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.

Can a judge discharge a person in prison for contempt?

When a person is in prison for contempt, it has been decided in New York that he cannot be discharged by another judge when brought before him on a habeas corpus. Furthermore, it belongs exclusively to the court offended to judge of contempt and what amounts to them; and no other court or judge can, or ought to undertake in a collateral way, to question or review an adjudication of a contempt made by another competent jurisdiction. The same applies in England and America.

Is there a contempt of court in Pennsylvania?

In some states, as in Pennsylvania, the power to punish for contempt is restricted to offenses committed by the officers of the court, or in its presence, or in disobedience of its mandates, orders, or rules. However, no one is guilty of contempt for any publication made or act done out of court which is not in violation ...