Responding to a Motion for Contempt in a Family Law Case

If someone is non following the court social club, the gauge can hold them in antipathy.  The judge can also honor whatsoever unpaid coin, including kid support or spousal support.  If you lot desire to file for contempt or respond to a motion for antipathy filed against you lot, visit this section for more than information and to observe forms to use.

 Earlier you begin:

• Is this page for me? This is for people with a Clark Canton, NV family court order who want to file for contempt or oppose a motion the other party filed asking for contempt.
• What is the constabulary?  The judge typically cannot hold someone in antipathy unless the person's behavior is violating awritten order that wassigned by the judge, filed with the court, and served on the other party.You lot cannot allege full general bad beliefs. The person'southward deportment must be in violation of a specific role of a written courtroom order that they were served with.
• What can the judge practice? Antipathy is a very serious matter and can result in sanctions, fines, or imprisonment.   The judge may come up with other solutions to make sure the order is followed.
• What happens if I file for contempt? If the guess believes that the person is violating the court order, there will usually exist 2 or more hearings -- ane for the initial motion to be heard, and a 2d "Evidentiary Hearing" (which is similar to a trial) where the other person tin can defend themselves against the contempt charges through a full hearing.

Follow these steps to file a motion or an opposition for contempt:

 ane. Fill out the forms.  There are at to the lowest degree 2 forms you take to fill up out to file for antipathy or oppose a contempt motion.

 ii. File the forms.  Turn in your completed forms by mail or efiling.

 three. If you are filing the motility, submit the Order to Show Crusade to the approximate.  The judge may be willing to prepare the final contempt hearing based on only reading your papers.

 4. Serve the other political party. You are responsible for serving the other party with a re-create of your filed forms, usually by mail or due east-service.

 five. Get ready for the hearing. Make sure you know how to set for courtroom.

 6. Gear up for the Evidentiary Hearing (if the judge sets one). The judge may prepare a 2nd contempt hearing that is like to a trial.

Learn more about each step below.

 i: Fill up out the forms

You must fill out at least two forms to file for contempt or respond to a contempt motion.

Motility / Opposition Fee Information Sheet

This form is required. This form tells the Clerk of Court whether you have to pay a filing fee. There is usually a $25 filing fee to file your motion.If you originally got a divorce by filing a Joint Petition for Divorce, the Courtroom will charge an boosted $129 the showtime time y'all file a motion and reopen your case and an additional $57 to file an opposition.

Move / Opposition Fee Information Sheet (pdf fillable)

Motion or Opposition to Enforce and/or for Antipathy

One of these forms is required. Utilise the movement if you are asking for contempt, and use the opposition if y'all are responding to the other party'due south motility.  This course tells the approximate how you think the other person is violating the courtroom order, or your defense if y'all are defendant of contempt.

Motion to Enforce and/or for an Order to Show Crusade Regarding Contempt (pdf fillable)

Opposition to the Motility to Enforce and/or for an Order to Show Cause Regarding Contempt (pdf fillable)

If you are filing the move, you may need to fill up out these forms too:

• Schedule of Deficit. File this form if you are filing for contempt because of unpaid kid support or alimony. You volition have to listing every unmarried payment that was due (usually past calendar month), what was paid, and what is still owed. This lets the judge know how much is past due.  Download the following bundle and follow all of the included instructions if you lot want to the guess to award y'all back payments.

Schedule of Arrears (pdf fillable)

If the judge awards arrears, it will still exist up to you lot to collect the amounts due.  Delight see the Civil Law Cocky-Help Center for data on how to collect a judgment later.

• Financial Disclosure Grade. This class is required if the antipathy has to exercise with coin or finances, such as not paying support.  You exercise non need to complete the "Personal Asset and Debt Chart" on this form, but consummate all of the other sections.  Adhere your three most recent paystubs to this course.

Fiscal Disclosure Form (pdf)

Financial Disclosure Form (pdf fillable)

• Ex Parte Awarding for an Lodge to Prove Cause.  This grade asks the judge to set a separate contempt hearing based on your written paperwork alone.  The judge may or may not be willing to do this depending on the bug raised in your paperwork.  The judge might await until the regular court date to determine whether to set a separate antipathy hearing.

Ex Parte Application for an Society to Testify Cause (pdf fillable)

• Order to Show Crusade.  This is the form that sets a split contempt hearing where the other political party must defend themselves against your allegations.

Order to Show Cause (pdf fillable)

 ii: File the forms

Simply like with your initial documents, you can file the papers in one of these means:

• Online through eFileNV.
• Mail (Family Court, 601 Northward Pecos, Las Vegas, NV 89101).
• In person at the Family Courthouse (check our How to File page for hours and more information).

When you file a move, the Clerk will file aClerk's Detect of Hearing.  This sets the court engagement, or if y'all did not request a hearing, it will prepare the date when the judge volition review your motion to brand a written decision.  Save this document.

If there is an emergency, yous tin file additional documents asking the judge to hear your case sooner. Employ the following instructions and forms to ask the judge to hear your case speedily.

OST Instructions - detailed steps well-nigh the procedure

Ex Parte Application for an Guild Shortening Time (pdf fillable) - file this with your other forms

Society Shortening Time (pdf fillable) - make full this out and email it to the judge for consideration

3: Submit the Club to Show Crusade to the estimate

If you lot filed the Ex Parte Movement for an Social club to Bear witness Cause, y'all have to submit the proposed Order to Bear witness Cause to the judge.  The judge will review your motion and may exist willing to sign the Order to Evidence Cause and prepare a antipathy hearing based just on reading your papers.  Or, the gauge might want to wait until your regular motion hearing to hear from both parties first.

You lot should email your proposed order in a pdf format to your assigned judge if possible.  If you cannot email it, you tin bring it to the court in person.  If emailing, check the Department Letter of the alphabet assigned to your case and email it to the correct email below:

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If the judge signs the society: Find out from the judge's staff how the judge wants the order served.  Some judges will allow you to postal service it, and some judges desire a neutral person to hand-evangelize the documents to the other political party.

 4: Serve the other party

This footstep and the form below are required! If you practice not follow this pace properly, the judge may cancel your hearing.

All of the documents you filed must exist 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 Y'all to serve the documents; the court does not serve them for you.

What to Serve: You must serve the papers within three days of filing the documents.

• A copy of the motion/opposition.
• A copy of the Clerk's Observe of Hearing.
• A copy of annihilation else you filed.

How to Serve the Papers :

• Electronic: If the other party is registered with the court'south eastward-service program, you tin can electronically serve the documents at the time of filing.
• Past Mail: If the other party has not registered with eFileNV, yous will take to ship the documents through the U.S. Mail (you can send them by regular mail, in that location is no need to send them by certified post).
• If the judge signed the Order to Show Cause, the approximate might require yous to serve it a dissimilar way.Find out from the judge'due south staff if the guess has special requirements for how to serve the lodge.

Once the documents are served, fill out a Certificate of Service that states when, where, and how you served the documents. The Document of Service form is required and must be filed before the court date!

Certificate of Service (pdf fillable)

If any documents were personally served, you can apply this form instead:

Proof of Service - Contempt/OSC (pdf)

Yous can notice answers to common questions about service on the Oftentimes Asked Questions: Service page.

 5: Become to the hearing

If ane of the parties requested a hearing, programme to participate in that hearing.

Yous can appear by phone or video for most hearings.  Fill up out ane of the following forms and file it at least a week alee of the hearing to asking permission to attend your hearing by video or telephone if you prefer.  Larn more nigh video and phone appearances on the courtroom's informational page.

Telephone Appearance Request (pdf fillable)

Video Appearance Request (pdf fillable)

If y'all want to attend the hearing in person, plan to arrive at to the lowest degree 20 minutes early to have enough time to park, become through security, and find your courtroom.  Bank check in with the marshal at the courtroom when you arrive.

It is a adept idea to review some tips on how to Represent Yourself in Courtroom before y'all attend the hearing.

 6: Prepare for the Evidentiary Hearing (if the guess sets ane)

If the gauge believes the other party may exist in contempt, the judge must allow the other political party a total evidentiary hearing to defend against the charges before making a terminal ruling.  If the judge sets an evidentiary hearing, you can review the basics of how to set and what to expect by visiting the Trial page (although that folio is for divorce cases, the rules and processes are the same).

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Source: https://www.familylawselfhelpcenter.org/self-help/divorce/how-do-i-enforce-the-order/214-contempt

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