how to service with a contempt without my lawyer?

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.

Full Answer

How to file contempt charges without a lawyer?

Feb 07, 2012 · My ex husband is in contempt of a court order. How do I file for contempt without an attorney? I have already been to court, I have a court order that states that he owes me $8500.00 plus interest. He has not paid it in the allotted time frame, so he is in contempt. I cannot afford to pay for filing or an attorney to take him back to court.

What to do if your spouse is in contempt of court?

Step 1. 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.

How do I find a motion for contempt of court?

May 19, 2014 · 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. The statements I make do not constitute legal advice.

Can a contempt of court order be enforced in another court?

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. 2) The initiating party must show that the offending party has failed to comply with the …

How to file a contempt of court motion?

Step 1. 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.

How to explain your spouse's violation of a court order?

Explain in the document how your spouse willfully violated the order. 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.

Garth R Goodman

If your court order provides that the children are to be timely delivered to you upon conclusion of the Father's timesharing, and he is willfully refusing to abide by the court order, you may allege that the Court find him in contempt. The problem is that "contempt" is meant to compel compliance.

R. Jason de Groot

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.

What is contempt citee?

Contempt citees have a due process right to be represented by an attorney, and where the potential penalty includes a jail sentence, an indigent citee has the due process right to court-appointed counsel at the expense of the county.

What is the maximum penalty for contempt of court in California?

The Sixth Amendment of the U.S. Constitution guarantees criminal defendants the right to a jury trial in all “serious” contempt proceedings and the California Constitution extends the right to all criminal prosecutions above an “infraction.” Thus, there is a right to jury trial in criminal contempt proceedings that carry a maximum penalty of 180 days (6 months), plus $1,000 fine.

Does a citee have to be a testimonial?

The citee must be afforded the testimonial privileges of a criminally accused defendant. He or she is entitled to exercise the privilege against self-incrimination and the privilege is not waived by filing an answer to the charging affidavit (U.S. Const. Amend. V)

What is community service in California?

Constitution, and upon a contempt adjudication for violation of a valid court order made under the Family Code, the court “shall order” community service and/or imprisonment as prescribed by California Code of Civil Procedure Section 1218 (c).

Does a citee have the same rights as a criminal defendant?

The citee also has the same rights as a criminal defendant, in that the party alleging the contempt must present proof of a prima facie contempt case by competent evidence beyond a reasonable doubt (Cal Pen. Code § 1096). The contempt must be discharged (i.e. dismissed) if the charging party fails to meet this burden on each element of the prima facie case.

Does the Constitution protect against double jeopardy?

Const. Amend. V; see also Cal Pen. Code § 1387). Double jeopardy protection attaches in a criminal contempt prosecution to the same extent it does in other criminal prosecutions.

Can a contempt case be decided on the moving and responding pleadings alone?

Contempt proceedings cannot be decided on the moving and responding pleadings alone because the citee is constitutionally entitled to a formal hearing and must be allowed to testify in his/her own defense, to call and cross-examine witnesses, and to introduce evidence (Cal Civ. Proc. Code § 1217).