Filing Civil Contempt Motion

Summary

In California, to file a motion for contempt in a civil restraining order case, follow this order: CM-010, handwritten motion, CH-600, CH-610, CH-109, FL-410, and MC-030. If granted, the court may hold the respondent in contempt, with penalties like fines, community service, or jail time, typically up to 5 days per count. For a first violation, the court might issue a warning, fines, or community service. Ensure your evidence, like video proof, is well-organized and referenced in your declaration.

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not yet i dont want money out of the respondent just them to be held accountable for the violation
In California, once you have your documents in the correct order, you'll need to file them with the court and schedule a hearing date. It's important to follow the court’s procedures closely to ensure everything is properly submitted.
Have you already prepared your evidence and witnesses for the hearing?
is there any other ones you can think i can add that dont involve asking for money from the respondent
You might consider adding the following forms to strengthen your case without involving monetary requests:
- CH-*: Restraining Order After Hearing
- FL-*: Income and Expense Declaration (if relevant to show financial impact)
- Evidentiary Documents: Any additional evidence supporting your claims.
Do you need any assistance with finding these forms?
i got an mc30 filled out that says i got video proof of the violation
It's great that you have video proof of the violation. This can significantly strengthen your case. To ensure everything is properly filed:
- Make sure your MC-* (Declaration) clearly references the video evidence.
- Organize your evidence logically, and make copies to submit to the court and the respondent.
Do you need help with any specific details regarding the submission of your evidence?
what about my had written motion
For a handwritten motion, make sure it clearly states the facts, legal grounds, and the relief you are seeking. Ensure it's legible and organized. Attach it to the relevant forms, such as the CH-* or FL-*.
Would you like guidance on how to format your handwritten motion?
i called it motion to show cause for contempt
For your handwritten motion, here's a general format you can follow:
*. Title: "Motion to Show Cause for Contempt"
*. Introduction: Briefly state your relationship to the case and the purpose of the motion.
*. Facts: Describe the specific actions of the respondent that violated the restraining order.
*. Legal Grounds: Cite relevant laws or court rules that support your motion for contempt.
*. Relief Requested: Clearly state what you are asking the court to do (e.g., hold the respondent in contempt).
*. Conclusion: Summarize your request and thank the court for considering your motion.
Would you like more detailed guidance on any of these sections?
so were do i place it
You should place your handwritten motion, titled "Motion to Show Cause for Contempt," along with the CH-* or FL-* forms. This way, it will be clear to the court that you're seeking a contempt order.
Do you need help with anything else related to your filing?
should i place it below cm010
Yes, you should place your handwritten motion below the CM-* form, following the sequence described earlier. This will ensure that all your documents are in the correct order for filing.
Do you need assistance with anything else related to your case?
what would go underthat
Your handwritten motion should be placed directly below the CM-* form. Following that, you can attach the remaining forms in this order:
*. CM-*: Civil Case Cover Sheet
*. Handwritten Motion to Show Cause for Contempt
*. CH-*: Request for Orders to Stop Harassment
*. CH-*: Notice of Hearing
*. CH-*: Notice of Court Hearing (containing your motion to show cause for contempt)
*. FL-*: Order to Show Cause and Affidavit for Contempt
*. MC-*: Declaration (describing your evidence)
Would you like help with anything else?
what could happen if my order gets granted
If your order gets granted, the following can happen:
- The court may hold the respondent in contempt of court.
- Penalties may include fines, community service, or jail time.
- The court may enforce stricter restrictions on the respondent.
Do you have any other questions about the potential outcomes?
how long is the jail time
In California, jail time for contempt of a civil restraining order can vary. Generally, it can be up to 5 days for each count of contempt. However, the court has discretion and can impose longer sentences depending on the severity of the violation.
Do you need any more specific information regarding the penalties?
what if its the first violation
For a first violation of a civil restraining order in California, the court may consider the following:
- Issue a warning or reprimand.
- Impose fines or community service.
- Order up to 5 days in jail for each count of contempt.
Would you like to know more about any of these penalties?