how to service with a comptemt without my lawyer?

You probably need to file a motion for enforcement instead of a motion for contempt. File a motion, get a hearing and prepare a notice of hearing, and have him served with both, by the sheriff. R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer.

Full Answer

What do I do if I don't have a lawyer?

Still, whether it's a divorce or you're being taken to court for something else, if you don't have a lawyer, a logical move would be to call the courthouse and ask who they would suggest going to. You think you're the first person who couldn't afford a lawyer?

Can I get a free lawyer consultation?

Some attorneys will offer free consultations – usually by phone or videoconference. You aren't likely to come away feeling like you're ready to try your first case, but even if it's just a 15-minute call, you may at least get enough information to have a better sense of what legal morass you're in for.

How to file contempt charges without a lawyer?

How to File Contempt Charges Without a Lawyer. Some states require you to fill out a Summary Sheet for the court as well as a Subpoena for Hearing on Motion for Contempt, which simply "commands" your spouse to participate. File the motion and accompanying documents with the court. After filing, provide a copy of the paperwork to your spouse.

Where can I find legal help if I can't afford a lawyer?

Here's how to find legal help if you can't afford a lawyer: Contact the city courthouse. Seek free lawyer consultations. Look to legal aid societies.

How do you hold someone in contempt?

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 much does it cost to file contempt of court in NC?

$20Take your completed packet to the Clerk's Office (Civil Filing Department), Room 3725. This is where you file your motion and pay the required $20 filing fee.

How do I file contempt of court in Texas?

Go to the clerk's office at the court that made the orders. Give the clerk your completed Motion for Contempt and Appearance forms. The clerk will write a hearing date and time on the motion, sign it, and give it back to you. The hearing date is when you and the other person must go to court.

Is contempt of court a felony in NC?

If the court approves, the defendant will be held in civil contempt and can be ordered to pay a fine and/or receive time in jail. Violating a valid DVPO in North Carolina is a Class A1 misdemeanor, and can be punishable by up to 150 days in jail depending on the person's previous criminal record.

What happens if you don't follow a family court order?

A court order is legally binding. Failure to comply with the court order amounts to contempt of court and a person can, as a last resort, be committed to prison for contempt. A parent cannot be held in contempt though simply for failing to take up the contact given.

What happens if one parent does not follow a court order Texas?

Texas courts can make a person comply with a custody order through contempt proceedings. When a court finds a person in contempt, it can force the person to pay a fine or, in some cases, go to jail.

What is the penalty for contempt of court in Texas?

Section 21.002(b) of the Texas Government Code provides that punishment for a single act of contempt is a fine of not more than $500, confinement in the county jail for not more than six months, or both.

What is the punishment of contempt of court?

(1) Save as otherwise expressly provided in this Act or in any other law, a contempt of court may be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both: —(1) Save as otherwise expressly provided in this Act or in any other law, ...

How to file a contempt of court motion?

Obtain the contempt paperwork from the court clerk or type the motion yourself. Some states offer fill-in-the-blank motions that are accompanied by instructions. You will need to include information about your case such as your case number, the name of the court, your name and your spouse’s name.

What to do if your spouse is late to pay your child?

If your spouse failed to make payments, note the date of the last payment and how much he currently owes. If your spouse has been routinely late in dropping off your children, note the dates and times of the violations.

What happens if my spouse is held in contempt of court?

If this occurs, you may file a motion with the court asking that your spouse be held in contempt. Contempt is a determination by a judge that a party has willfully failed to follow a court order, which then allows the court to impose penalties. Although many spouses benefit from the assistance of a legal document provider or attorney throughout ...

How to file a motion for divorce?

File the motion and accompanying documents with the court. After filing, provide a copy of the paperwork to your spouse. Many states require that the motion be hand delivered by a Sheriff or professional process server.

Can a court find a spouse in contempt of court?

Although many spouses benefit from the assistance of a legal document provider or attorney throughout the process, some states offer standard forms and instructions to provide you with all of the tools necessary to request that the court find your spouse in contempt.

Always Read the Law and Know The Law

Always Read the Law and Know The Law (A) I saw a guy whisked away by the bailiffs in shackles once.

Be Respectful To The Court

Be Respectful To The Court. Always call the judge "your honor". Always stand up when speaking or being spoken to. Even if there is a table for you to sit down at while the other person is speaking, if the court addresses you, immediately stand up and remain silent until it is your turn to speak. Never speak to the court while sitting down.

Take Copies of Documents, Photos or Any Other Evidence

Take Copies of Documents, Photos or Any Other Evidence If you plan to offer a document, make at least 2 copies. You must give the court the original. A copy must be given to the opposing party. You will want to keep a copy.

Speak Up and Speak Clearly

Speak Up and Speak Clearly Do not mumble or talk down to the floor. Look directly at the judge and speak in a clear voice that projects. If you have a naturally loud voice (you know who you are) tone it down a bit so that you sound professional. If you have a naturally soft voice, practice projecting it across the room.

TURN OFF THE CELL PHONE AND OTHER GIZMOS

TURN OFF THE CELL PHONE AND OTHER GIZMOS There are judges who confiscate cell phones and other e-gizmos that go off in court. If they are nice, they give them back after payment of a fine. Most cell-phones, smart phones, I-thingamajigs and other electronic devices have a "vibrate" mode so that you are alerted to a call, but quietly.

Be Nice To The Clerks

Be Nice To The Clerks Judges and clerks talk and work together. They spend hours together behind the scenes administering the work of the courts.

Do Not Talk or Distract Others in the Courtroom

Do Not Talk or Distract Others in the Courtroom Once the judge comes in, it is highly unacceptable to talk in the courtroom. If you must chat, go out in the hallway. Similarly, most judges do not want you reading the paper, typing on the laptop or other gizmo, or engaging in other distracting conduct. The court is the judge's office.

Do I Need a Lawyer?

After looking around and talking to enough attorneys or law students, you may decide that you do need a lawyer – and the more you look around, you may find one who will work with you on a small budget. It's worth asking around because you may find that the fees aren't as high as you fear, especially if you can get them capped. An attorney might give you a discount. Also, many attorneys offer payment plans, so that you're paying monthly instead of one huge sum all at once.

How to get free legal consultation?

Some attorneys will offer free consultations – usually by phone or videoconference. You aren't likely to come away feeling like you're ready to try your first case, but even if it's just a 15-minute call, you may at least get enough information to have a better sense of what legal morass you're in for. You might also be able to get some direction as to who can help you for free or a bargain basement price.

What happens if you lose a pro bono case?

That is, if you lose your case, you won't pay money, but if you win, the law firm will take a portion of the money awarded to you.

What law schools offer free legal advice?

Many law schools have pro bono programs in which law students can offer free legal advice. Some of the schools that have such programs include American University, Appalachian School of Law, Arizona State University, Howard University, Tulane University and many others.

What is lawhelp.org?

You can find more ideas at LawHelp.org, a nonprofit aimed at connecting people with low and moderate incomes to free legal aid programs in their communities.

What is legal aid?

Legal aid societies are nonprofit organizations found in almost every corner of the country that provide free legal services to low-income people. While this is certainly worth exploring, the problem for many households is that the individual or couple makes too much money to qualify for help.

What to do if you don't have a lawyer?

Still, whether it's a divorce or you're being taken to court for something else, if you don't have a lawyer, a logical move would be to call the courthouse and ask who they would suggest going to. You think you're the first person who couldn't afford a lawyer? Hardly.