Contempt Petition Instructions (Page 3 of 4) in pdf

claim the person did not obey the terms of the plan. B. Attach to your petition a copy of the

court ordered Parenting Plan.

4. If you are claiming the person named in your petition has failed to obey other terms and

conditions of a court order, you must: A. Explain how the person failed to comply with the terms

and conditions of the order. Your explanation must be specific, and must include the dates upon

which you claim these failures to obey occurred. B. Attach to your petition a copy of the order.

5. After you have finished filling out the form, you must sign the petition, and you must sign

the Verification at the end of the form. You must sign the Verification before a Notary Public,

or other authorized public official such as a Deputy Circuit Clerk.

STEP 4. TAKE OR M AIL YOUR PETITION TO THE FAM ILY COURT.

These are the papers you need to take or mail to the Family Court.

1. Your completed and verified Petition.

2. Copy of the order you believe is being violated.

3. Copies of any documents you believe will prove the order is being violated.

STEP 5.

THE FAM ILY COURT JUDGE REVIEWS YOUR PETITION.

The Family Court Judge will review your Petition and any documents you file with it,

and determine whether to hold a hearing.

The Family Court Judge does not have to hold a hearing. The judge may dismiss your

Petition without a hearing if: 1. You have failed to completely and properly fill out and verify

the Petition. 2. The judge determines the information you have provided in your Petition fails to

make a sufficient case that the person you name has violated a court order.

If the Family Court Judge determines your Petition requires a hearing, a hearing date and

time will be set, a Notice of Contempt Hearing / Rule to Show Cause will be issued, the person

named in your Petition will be served with a copy of your Petition and the Notice / Rule, and you

will receive a copy of the Notice / Rule. When you receive the Notice / Rule, you MUST

immediately go to the Circuit Clerk’s Office and pay the $20 fee for personal service of the

Petition and Notice / Rule on the opposing party. If you do not do this, the opposing party

will not be served, and if the opposing party is not served, there will be no hearing, and

your contempt case will end before it starts. If you cannot afford to pay the $20 fee, read the

following paragraph. The Notice / Rule will state the date, time, and place of the hearing, and it

will inform the person named in your Petition that he or she is required to come to the hearing.

At the hearing, you and the person named in your Petition each will be given an opportunity to

present your side of the case. Step 6 explains how to prepare for a hearing.

What to do if you cannot afford to pay fees.

If you cannot afford to pay fees, you should ask a Deputy Circuit Clerk for an affidavit to

waive fees and costs. You can fill out the affidavit in the clerk’s office. The affidavit requires

you to list some basic information about your financial situation. A Deputy Clerk can review

your completed affidavit while you wait, and tell you if you meet the legal requirements to have

your fees and costs waived. If you don’t meet these requirements, you must pay fees and costs,

but you can ask the Court to review your affidavit later. Criminal charges can be filed against

you if you provide false information on this affidavit.

SCA-FC-250 (12/01)

Contempt Petition Instructions

Page 3 of 4

Contempt Petition Instructions Page 3

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