Massachusetts Motion for an Order of Contempt for Violation of Injunction

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US-02226BG
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Description

Contempt refers to any willful disobedience to, or disregard of, a court order or any misconduct in the presence of a court; action that interferes with a judge's ability to administer justice or that insults the dignity of the court.


There are essentially two types of contempt:

" Disrespect to the decorum of the court (being rude, disrespectful to the judge or other attorneys or causing a disturbance in the courtroom, particularly after being warned by the judge) and

" Willful failure to obey an order of the court.


This form deals with such a willful failure. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

The maximum fine is $1,000 and the money from the fine can be divided up in the event that multiple people were damaged by the conduct of the defendant. A defendant who is found to have committed contempts constituting crimes can be imprisoned for a maximum of six months under the terms of 18 U.S. Code section 402.

Under Rule 65.3(g) a party must seek an "order permitting discovery," unlike the normal discovery provisions which permit parties, on their own, to initiate discovery. The rule requires the parties seeking discovery to particularize the need for, type, and timing of the discovery, sought.

If you are charged with felony contempt, a conviction can result in up to 3 years in state prison.

H. Beatty Chadwick (born 1936) is the current American record holder for the longest time being held in civil contempt of court, having spent fourteen years in prison.

You can get a contempt complaint form from the clerk's office at the Probate and Family Court or at . You should have a copy of the court order that you are claiming was violated. File the complaint in the same court that issued the order that was violated.

Upon a hearing for the contempt action, a judge may order the defendant to make a payment of all arrearages outstanding on the date of the hearing and may impose orders for failure to make such payments, such as a jail sentence.

Contempt of court is the criminal offense of disobeying an instruction from a judge or a court of law. [law] He faced imprisonment for contempt of court.

Although there is no statutory maximum limit regulating the amount of time a contemnor can be ordered to spend in confinement,145 the requirement that a jury trial be granted in criminal contempt cases involving sentences over six months in jail acts as a check on this power.

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Massachusetts Motion for an Order of Contempt for Violation of Injunction