How to file a contempt of court order in ohio

Some states will also issue damages on top of contempt sanctions to cover the losses that result when the other party failed to act. For example, if your wife was supposed to pay off a credit card so you could secure a loan for the business you own but she fails to do so, the loss of business would constitute damages that you could request she pay for.

Filing for contempt is similar to filing for divorce. A new case is open and a petition is filed. Your ex-wife will need to be properly served. Then at court, you must show evidence that contempt took place and prove that the violation was willful. Before you file, however, here are some steps you should run through to make sure filing for contempt is worth the time and effort.

Read your decree — Read and re-read the language in your divorce decree so you are absolutely sure that a violation has occurred.

Keep in mind you must prove your ex had the ability to uphold the order and intentionally ignored it. This requires solid evidence that will hold up in court. Contact an attorney — Although you can represent yourself in a contempt action, it is a better idea to speak with an experienced family law attorney.

You cannot use contempt to force property settlement payments unless the dispute is related to child support or maintenance. However, filing for contempt is a complicated matter that should not be taken lightly. A skilled divorce attorney can help determine if this is an appropriate option and prepare you for what is to come. For over three decades, McKinley Irvin has worked diligently on behalf of clients to establish our legacy of success in all areas of family law. To schedule a consultation with one of our skilled legal professionals, please call or contact us online.

Look for forms. Many courts have fill-in-the-blank forms that you can use for your complaint or motion in this context. If you can't find a specific motion for a motion for contempt, you may be able to find a blank motion form that you can use to make sure your motion is formatted correctly. Some courts also may have instructions that walk you through the process of filing your motion step by step. Consider consulting an attorney.

Although you don't need an attorney to file a motion for contempt, an experienced family law attorney may be able to best protect your rights and the rights of your children. If you're worried about your ability to afford an attorney, you might check with legal services in your area to see if you qualify for free or reduced-fee assistance.

You also may be able to get help from your local department of child support enforcement. Gather information. If you have any documents that support your allegations, you may want to attach them to your motion. Some courts may require you to attach the original order to your motion.

The court's clerk can tell you if this is required for your case. Fill out the caption for your motion. The caption of your motion generally will be the same as the caption in the original case. You must use the same docket number as your original case. If you don't know this number, you can find it at the top of the original order that is the subject of your motion for contempt.

Write the body of your motion. The body of your motion tells the judge which orders the other parent isn't following. List each violation separately, and then in the other section list the reasons you believe the other parent has violated the court order in the same order as you listed the violations. Fill out any other required forms. If you don't have an attorney, some courts require you to file an appearance along with your motion. You also may need to have a notice of hearing ready to be completed by the clerk, although some courts combine these documents into one form.

The certificate of service tells the court how you plan to have the papers delivered to the other parent so he or she has notice of the hearing. Sign your documents. Depending on the court's rules, you may need to sign your motion or other forms in the presence of a notary.

You'll need one copy to have served on the other parent, and one copy for your own records. The clerk will keep the originals for the court's files. Part 2. Take your documents to the clerk's office. When you've completed all the necessary forms, take them to the clerk of the same court that issued the original order. Upon the return of a writ, when it is not convenient to hear the charge without delay, the court shall fix the amount of a bond to be given, with surety to the satisfaction of the clerk of the court, for the appearance of the accused to answer the charge.

A In all contempt proceedings, the court shall conduct a hearing. At the hearing, the court shall investigate the charge and hear any answer or testimony that the accused makes or offers and shall determine whether the accused is guilty of the contempt charge. If the accused is found guilty, the court may impose any of the following penalties:.

B In all contempt proceedings initiated pursuant to section When the contempt consists of the omission to do an act which the accused yet can perform, he may be imprisoned until he performs it. If the party released on bail under section If the bond is prosecuted, the measure of damages in the action is the extent of loss or injury sustained by the aggrieved party by reason of the misconduct for which the contempt was prosecuted, and the costs of the proceeding. Such recovery is for the benefit of the party injured.

When a person is committed to jail for contempt, the court or judge who made the order may discharge him from imprisonment when it appears that the public interest will not suffer thereby.

The judgment and orders of a court or officer made in cases of contempt may be reviewed on appeal.