NC WAKE-DOM-05A - County of Wake 2013 free printable template

This document is a legal motion filed in the General Court of Justice in North Carolina, requesting the court to require a party to show cause for failing to comply with a prior court order, and to

How to fill out NC WAKE-DOM-05A - County of Wake

How to fill out MOTION FOR ORDER TO SHOW CAUSE AND MOTION FOR CONTEMPT

1. Begin by downloading the appropriate forms for the Motion for Order to Show Cause and Motion for Contempt from your local court's website.
2. Fill out your personal information, including your name, address, and contact information.
3. Clearly state the reasons for the motion in the designated section, providing specific details and supporting facts.
4. Include the details of the original order that is being violated, if applicable.
5. Clearly outline what relief you are seeking from the court, such as compliance with the order.
6. Sign and date the motion, and ensure you provide a space for the court clerk's stamp.
7. Make copies of the completed motion for your records and for serving to the other party.
8. File the motion with the court clerk and pay any required filing fees.
9. Serve the other party with the filed motion and retain proof of service.

Who needs MOTION FOR ORDER TO SHOW CAUSE AND MOTION FOR CONTEMPT?

1. Individuals seeking enforcement of a court order that they believe is being violated.
2. Parties involved in custody or child support disputes where compliance is necessary.
3. Anyone needing to compel another party to appear before the court regarding their failure to obey a court order.

People Also Ask about

What is the longest you can be held in contempt?

If it is a matter of urgency or the contempt was done in front of a judge, that person can be punished immediately. Punishment can range from the person being imprisoned for a period of less than five years or until the person complies with the order or fine.

What is the best defense for contempt of court?

A defense to Contempt is inability to pay - that's probably what he uses to convince the judicial officer. If you get notice of these hearings, you need to show up and bring proof that he is working under the table.

How to get out of contempt of court?

Possible strategies include: Claiming Unawareness: Arguing that you were unaware that your behavior was considered contemptuous could lead to a dismissal of charges. Necessity or Self-Defense: Demonstrating that your actions were out of necessity or self-defense may lead to an acquittal.

What does show cause order for contempt mean?

If for whatever reason the magistrate does not wish to deal with the contempt immediately, the magistrate may issue a show cause order for the defendant to appear before a district judge at a later time for a plenary proceeding.

What is a motion for contempt of order?

Motions for Contempt: Filed when a spouse fails to comply with court orders regarding financial obligations like child support or alimony. Contempt motions can result in legal penalties for the non-compliant party, such as fines or even jail time, and are used in cases of severe non-compliance.

What is a motion order to show cause?

An order to show cause (O.S.C.), is a court order or the demand of a judge requiring a party to justify or explain why the court should or should not grant a motion or a relief . For example, if a party requests a restraining order from a judge, the judge may need more information.

Can you be bailed out for contempt of court?

Yes, you can bond out on contempt of court, but the process involves several steps. When a defendant is given jail time for contempt, they have the right to post bail.

For pdfFiller’s FAQs

What is MOTION FOR ORDER TO SHOW CAUSE AND MOTION FOR CONTEMPT?

A Motion for Order to Show Cause is a request for a court to order a party to explain why they have not complied with a court order. A Motion for Contempt is filed when a party is believed to have disobeyed a court order, asking the court to enforce compliance.

Who is required to file MOTION FOR ORDER TO SHOW CAUSE AND MOTION FOR CONTEMPT?

Typically, the party who believes that the other party has failed to comply with a court order is required to file these motions. This can be a parent seeking enforcement of custody or support orders, or any party affected by the non-compliance of a court order.

How to fill out MOTION FOR ORDER TO SHOW CAUSE AND MOTION FOR CONTEMPT?

To fill out the motion, one must include the court's name, the case number, names of the parties involved, a clear statement of the facts, the specific court order allegedly violated, and the relief sought. Many jurisdictions provide forms that can be used to ensure all necessary information is included.

What is the purpose of MOTION FOR ORDER TO SHOW CAUSE AND MOTION FOR CONTEMPT?

The purpose is to compel compliance with a court order. The Motion for Order to Show Cause invites the non-compliant party to explain their failure to comply, while the Motion for Contempt seeks legal penalties or enforcement mechanisms to ensure adherence to the court's directives.

What information must be reported on MOTION FOR ORDER TO SHOW CAUSE AND MOTION FOR CONTEMPT?

Information typically required includes the names and contact details of the parties, the case number, a description of the violation or non-compliance, the relevant court order, and the specific relief or enforcement action being sought from the court.