New Hampshire 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

Upon a sufficient showing of good cause, the court may at any time order that discovery required hereunder be denied, restricted, or deferred, or make such other order as is appropriate.

LEGAL STANDARD A motion to dismiss asks the trial court ?to determine whether the allegations contained in the [Plaintiffs'] pleadings are sufficient to state a basis upon which relief may be granted.? ?K.L.N. Constr. Co.

The superior court will dismiss without prejudice all felony complaints and enhanced misdemeanors if the defendant has not been indicted within 60 days after the defendant has appeared in superior court to answer to the charge.

5 Contempt, Penalty. ? A party found guilty of contempt under the provisions of this RSA 544 shall be guilty of a misdemeanor if a natural person, or guilty of a felony, if any other person.

The defendant must follow the terms of the order or risk being arrested for violating the order no matter where the violation occurs. An arrest may lead to criminal charges being filed against the defendant and further court action.

The subpoena shall contain a warning that failure to obey it may result in arrest and that if the court finds the alleged contemnor to have committed contempt, the court may impose sanctions that may include fines and imprisonment, or both.

Examples of the consequences of a contempt finding include money fines, orders directing compliance with the court orders, or even an indefinite jail sentence until the contempt is cured. It is often said that the contemnor ?holds the key to the jail in his pocket? because curing the contempt will set him free.

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New Hampshire Motion for an Order of Contempt for Violation of Injunction