Contempt Petition Instructions printable pdf download

Contempt Petition

IMPORTANT INFORMATION

YOUR RIGHTS MAY BE BETTER PROTECTED

WITH THE HELP OF AN ATTORNEY.

You may file a Petition for Contempt without the assistance of an attorney, and represent

yourself in Family Court, BUT your rights may be better protected with the help of an attorney.

The staffs of the Circuit Clerk’s Office and the Family Court are prohibited by law

from providing legal advice.

***

Please notify the Circuit Clerk’s Office in advance if you require any special

arrangements to fully participate in court proceedings; for example, a language

interpreter, hearing or visual aids, or accommodations for physical access.

***

The Contempt Petition Packet contains Instructions and a Contempt Petition form. Read

the instructions carefully, and please write clearly when you fill in the form. If the instructions

are not followed, or if the form is not properly completed, your Contempt Petition may be

dismissed, or delayed. It’s best to read all of the instructions before you start filling out the

form. You may want to make a couple of spare copies of the blank form before you start filling

it out. You can use these copies to practice on, or if you make an error.

The petition form requires you to provide your name, address, and telephone number. If

you believe your safety, liberty, or health, or the safety, liberty, or health of your children

would be put a risk by the disclosure of this information, you may file an affidavit to have

the information withheld from all persons except court employees who require the

information to carry out their duties. The affidavit you need to file is the Affidavit for

Withholding Identifying Information. You can obtain the affidavit at the Circuit Clerk’s Office.

You can complete and file the affidavit in the Circuit Clerk’s Office at any time, or you can ask

the Family Court Judge to enter an order allowing you to withhold the information. If your

identifying information is withheld, the other party’s papers will be served through the Family

Court, and not directly on you.

***

If the person you name in your Contempt Petition does not live in West

Virginia, the Family Court may have limited power to enforce the order you

believe is being violated.

SCA-FC-250 (12/01)

Contempt Petition Instructions

Page 1 of 4

Contempt Petition Instructions