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How do you prove contempt of court?

 
 
Reply Mon 26 Dec, 2005 03:31 pm
Hypothetically, if one were responding to a family court motion for Order to Show Cause and Relief After Order or Decree in a divorce case, where one party falsely accused the other of reprehensible actions, and you could prove the one bringing the motion forward were the guilty party, violating an existing visitation agreement, besides asking the court to dismiss the matter, could you also ask the court to hold the instigator in Contempt of Court? Or, would you ask the Court to DETERMINE the party was violating an existing agreement and therefore in contempt? In other words, what is the standard procedure for finding one party in contempt of court?
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Type: Discussion • Score: 3 • Views: 5,219 • Replies: 6
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squinney
 
  1  
Reply Mon 26 Dec, 2005 05:47 pm
The Court had to have ordered the other party to do something (pay set amount of support by set date, allow visitation on a set schedule, etc). Prove he didn't do what the court ordered and the court can hold him in contempt. But, that doesn't mean the Judge will do so.

My experience was that some judges are fairly lenient, some not so understanding. Some put up with a couple/ several infractions before holding someone in contempt. It's up to the Judge.

But, that's just my experience.

I think I hear you asking, if one is preparing the Response without an attorney, what to put or how to word the Relief part of your Response. Is that correct?

I'm bumping for Debra Law or Jespah. I'm sure one of them will have the right answer for you.
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princesspupule
 
  1  
Reply Wed 28 Dec, 2005 11:57 am
Squinney, you saw through my cleverly worded hypothetical to see I was asking about an ongoing case, eh? Wink Ftr, it was dismissed; xh didn't bother to show up. But that left me still wondering, what does one have to do to prove Contempt of Court? How does one get the infractions noted in the case so that eventually they become contemptable?
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Mortkat
 
  1  
Reply Tue 3 Jan, 2006 02:24 am
This may help you. From Black's Law Dictionary-

Contempt of Court--Any act which is calculated to embarrass, hinder, or obstruct court in administration of justice, or which is calculated to lessen its authority or its dignity.

end of quote--
Judges make those findings!
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princesspupule
 
  1  
Reply Tue 3 Jan, 2006 01:47 pm
Mortkat wrote:
This may help you. From Black's Law Dictionary-

Contempt of Court--Any act which is calculated to embarrass, hinder, or obstruct court in administration of justice, or which is calculated to lessen its authority or its dignity.

end of quote--
Judges make those findings!


So, if a court document were amended to stipulate that parties mediate difficulties as they arise, if one party continued to bring the matter before the court rather than seek a mediation service, that wouldn't be grounds to find that party in contempt of court?
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zzmdyy
 
  1  
Reply Tue 16 Oct, 2012 09:03 pm
I am going through a family court motion for Order to Show Cause of contempt due to my ex violating an existing visitation agreement am I able to use text messages to prove she willingly went against the visitation agreement that was stipulated in our divorce?

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djjd62
 
  1  
Reply Wed 17 Oct, 2012 05:12 am
it is everyone's right to have contempt for the court, they are after all, for the most part, full of lawyers

and lawyers are some of the most contemptible people in the world
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