However, if required, the court could technically imprison an individual until they comply. A person found in civil contempt cannot be found in criminal contempt for the same conduct in North Carolina. The judge must determine if the court order is valid and ensure that the individual required to comply with said order had the ability to do so.
To enforce an order by civil contempt, an individual must willfully fail to comply with the order. As such, if the individual does not posses the ability to comply, you may not be held in contempt of court for violating this order. For example, if you pay child support but get injured and are unable to work for a period of time, you may be able to prove you were unable to comply with your court order.
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Some judges will allow you to mail it, and some judges want a neutral person to hand-deliver the documents to the other party. This step and the form below are required! If you do not follow this step properly, the judge may cancel your hearing.
All of the documents you filed must be served on the other parent, or, if the other parent is represented by an attorney, the documents must be served on the attorney. It is up to YOU to serve the documents ; the court does not serve them for you.
What to Serve: You must serve the papers within 3 days of filing the documents. Once the documents are served, fill out a Certificate of Service that states when, where, and how you served the documents. The Certificate of Service form is required and must be filed before the court date!
How do I file a Complaint for Contempt Case? How much does it cost to file a Complaint for Contempt? What if I do not have money for the fees? The Contempt Summons tells the other parent when to go to court.
The judge then makes an order. The order says that the other parent must do at least one of the following things:. If the court finds that the defendant is in contempt, the court is supposed to order him or her to pay your attorney's fees and court-case expenses. These fees and expenses must be reasonable. Going to court often creates hard feelings. It may upset your children.
It can increase the risk of the other party behaving destructively. You cannot use contempt to force property settlement payments, unless they are related to child support or maintenance.
The Court order is invalid because the court had no authority to act subject matter jurisdiction , or you were not served with legal notice in the original case personal jurisdiction. Frequently Asked Questions about Jurisdiction. You did not violate the order. Example : The motion asks for back due support.
You have proof of payment. If the charge is not paying child support, and you claim you are unable to pay, you must show you tried hard to get work, save money, or otherwise follow the order. If the charge is a parenting plan violation, the judge will presume you are able to follow the parenting plan. You must prove lack of ability or reasonable excuse. You did not know about the order. Use this only if you can prove you never properly got notice of the hearing that led to the order.
This is only a temporary defense. The other side can fix this by giving you the proper notice and time to respond. The order is unclear, or seems to have more than one possible meaning. You cannot just ignore it. The court order has ended. Examples : a temporary family law order has expired. The court has changed a final parenting plan. If the other party claims you are violating the parenting plan: you are unable to obey the parenting plan OR have a reasonable excuse for not obeying it.
The other parent violated their own responsibilities under the order. Example : The other parent refuses to allow you visitation. That does not excuse you from paying child support. Usually you must file a motion in an existing case, in the same county and court that entered the original order. If you have an order from another county or state, you must take extra steps to start a new court case in the new county.
We do not explain what you must do if this is not true. Having the contempt papers and usually the original court order properly delivered to every other party. The Division of Child Support DCS takes extra steps if it files for contempt to enforce a child support order an agency had issued. They may be able to have the contempt hearing stayed postponed while they are on active duty. Usually the judge hears many different cases on the same day. There will be a court calendar listing all the cases the judge will hear.
The judge will listen to both parties' arguments. Some courts require live testimony at the hearing. In others, you may need advance permission to give live testimony. Still other courts never allow live testimony.
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