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North Carolina Motion for an Order of Contempt for Violation of Injunction

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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.

North Carolina Motion for an Order of Contempt for Violation of Injunction is a legal document that can be filed when someone has violated a court-issued injunction. This motion seeks to hold the violator in contempt of court and request appropriate consequences for their actions. Keywords relevant to this motion include "North Carolina," "motion," "order of contempt," "violation of injunction," and "legal consequences." In North Carolina, there are different types of motions for an order of contempt for violation of injunction, including: 1. Civil Contempt Motion: A civil contempt motion can be filed when someone has violated a court-issued injunction in a civil case. It aims to enforce compliance with the injunction and may result in penalties such as fines or imprisonment. 2. Criminal Contempt Motion: A criminal contempt motion is typically used when someone has intentionally violated a court-issued injunction in a criminal case. It seeks to punish the offender for their willful disregard of the court order and may result in more severe penalties, such as imprisonment. 3. Contempt Motion for Domestic Violence Injunction: This type of motion specifically applies to cases involving domestic violence injunctions. It is filed when the respondent violates any provisions or restrictions outlined in the injunction, such as contacting the petitioner or going to specific locations. 4. Contempt Motion for Restraining Order Violation: A motion for contempt can also be filed when someone violates a restraining order. This includes disregarding any provisions outlined in the order, such as maintaining a certain distance or avoiding contact with the protected person. 5. Contempt Motion for Harassment Injunction Violation: If someone violates a harassment injunction, a contempt motion can be filed. This type of motion is usually applicable in cases where the respondent continues to engage in behavior that harasses, threatens, or intimidates the protected person, even after the issuance of the injunction. When filing a motion for an order of contempt for violation of injunction in North Carolina, it is crucial to consult with an attorney knowledgeable about the specific circumstances of your case. They can guide you through the appropriate legal process and help you seek the necessary relief and consequences for the violator's actions.

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This has resulted in some confusion in North Carolina regarding whether a court could order a party in civil contempt to pay a fine as well as or instead of jail time. Criminal contempt, by contrast, is punishable by censure (public reprimand), a fine up to $500 and a baseline of 30 days imprisonment.

Criminal contempt punishes behavior that already has occurred. Civil contempt tries to affect ongoing behavior. ?A major factor in determining whether a contempt is civil or criminal is the purpose for which the power is exercised.

(b2) The period of imprisonment for a person found in civil contempt shall not exceed 90 days for the same act of disobedience or refusal to comply with an order of the court.

Take your completed packet to the Clerk's Office (Civil Filing Department), Room 3725. This is where you file your motion and pay the required $20 filing fee. 3. Request that the Judge sign the Order to Appear and Show Cause.

Contempt can cover a variety of actions including failure to obey a restraining order when one has been issued against you, breaking the terms of a custody and visitation agreement like refusing your former spouse the right to see your child or not returning your child after a visitation, failure to pay attorneys fees ...

(a) Criminal contempt is direct criminal contempt when the act: (1) Is committed within the sight or hearing of a presiding judicial official; and (2) Is committed in, or in immediate proximity to, the room where proceedings are being held before the court; and (3) Is likely to interrupt or interfere with matters then ...

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Include a description of what the other party did that was, or is, in violation of the court order. Be clear. Be specific. Write legibly. Make sure that you're ... If you want to hire an attorney, you can contact the North Carolina Lawyer ... The Clerk will keep the original Motion for the court file and return the clocked.This wording makes criminal contempt broader than civil and allows punishment when a person acts to thwart a court order but is not personally disobeying the ... by DR Rendleman · 1980 · Cited by 44 — When the defendant violates the injunction, however, the judge may order compensatory contempt. The central irony of compensatory contempt is that the remedy. On January 30, 2002, the Court denied defendants' motion to set aside default, and ordered defendants to show cause why default judgment should not be entered. § 50B-4. Enforcement of orders. (a) A party may file a motion for contempt for violation of any order entered pursuant to this Chapter. You will need to complete an Opposition, a Motion/Opposition Fee Information Sheet, and a Financial Disclosure Form (if there are financial issues for the judge ... Through the Civil Court System (Civil) You may file for civil contempt for a violation of the order. The abuser is in “civil contempt” if he or she does ... You can file an opposition to the application or a motion asking the court to dissolve or modify the order, or you can appeal from the court's grant of an ... The new requirements were intended to remove parents' legal incentive to abduct children in search of a friendly forum that would make an initial custody order ...

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North Carolina Motion for an Order of Contempt for Violation of Injunction