If there is a scheduled hearing, the respondent must be served at least 24 hours before the court date.
You don't need an attorney to file a Motion for Contempt, but it is a good idea to have one. If you decide to represent yourself, you can go to the courthouse that made the order and ask for help at the Court Service Center.
To file a motion for contempt in New York, certain criteria must be met. There must be an existing order of the court that is clear and unambiguous, and the accused must be proven to have known about this order and willfully disobeyed it.
To file a motion for contempt in New York, certain criteria must be met. There must be an existing order of the court that is clear and unambiguous, and the accused must be proven to have known about this order and willfully disobeyed it.
To begin an action in Small Claims Court, a person, or someone acting on his or her behalf, must come to the Small Claims Court Clerk's office in the proper county and fill out a statement of claim. To find out where the clerk's office is located in your county, click on Locations.
The Elements of Criminal Contempt in the First Degree Refusing to be sworn as a witness or answering questions before a grand jury; Violating an order of protection by displaying a weapon to place another person in fear of physical injury; Violating an order of protection by stalking or harassing another person;
Except as provided in subdivisions (2), (3) and (4), punishment for a contempt, specified in section seven hundred fifty, may be by fine, not exceeding one thousand dollars, or by imprisonment, not exceeding thirty days, in the jail of the county where the court is sitting, or both, in the discretion of the court.
The Civil Court has monetary jurisdiction up to $50,000.00, including replevin when the value of the chattel does not exceed that amount.
If one or more of the parties is difficult to locate, it can prolong initiation of litigation. The court system itself can also impact the timeline of a civil litigation lawsuit. Generally speaking, prior to the pandemic a litigated file could take 9-12 months minimum on average to resolve.
Petitions MUST be signed in the presence of a Notary Public or a Family Court Clerk. Once your petition is completed and your signature notarized, you can either mail it to Family Court or submit it in person during our stated business hours. Paternity Petitions must be submitted with a copy of the Birth Certificate.