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Motion for an Order of Contempt for Violation of Injunction

Pennsylvania Motion for an Order of Contempt for Violation of Injunction

Q: What is the rule for motion to dismiss in PA?

Code 587 - Motion for Dismissal. (a) Untimely Filing of Information. (1) Upon motion and a showing that an information has not been filed within a reasonable time, the court may order dismissal of the prosecution, or in lieu thereof, make such other order as shall be appropriate in the interests of justice.

Category:

Civil Procedure - Contempt

State:

Multi-State

Control #:

US-02226BG

Format:

Instant download

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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How to fill out Motion For An Order Of Contempt For Violation Of Injunction?

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FAQ

Time shall be computed to include the last day unless it falls on a Saturday, Sunday or legal holiday in which event the day will be omitted from the computation and the period shall run until the end of the next business day. Intervening Saturdays, Sundays and legal holidays shall be included in the computation.

Code § 587 - Motion for Dismissal. (a) Untimely Filing of Information. (1) Upon motion and a showing that an information has not been filed within a reasonable time, the court may order dismissal of the prosecution, or in lieu thereof, make such other order as shall be appropriate in the interests of justice.

It is contempt of Court?in other words, it alleges that you have violated the Court's order. It is ?indirect? because it was done outside the presence of a judge or Court, and therefore, must be proven by a prosecutor rather than summarily ordered by a judge.

A person not named as a respondent in an original jurisdiction petition for review who desires to intervene in a proceeding under this chapter, may seek leave to intervene by filing an application for leave to intervene (with proof of service on all parties to the matter) with the prothonotary of the court.

Pennsylvania Rule of Civil Procedure 1035.3 specifically allows for 30 days for a party to file a response to a summary judgment motion. If you are in Philadelphia County, you typically only have 10 days to respond to a motion in limine per the pre-trial order. Second, look at the law.

Not following those rules in a Pennsylvania family court could land you in contempt of court, after which you may have to pay a $100 fine or spend up to 30 days in jail. Contempt of court is an important tool for family law courts to maintain a civil and organized proceeding, but it is avoidable in most situations.

(a) A court shall issue a preliminary or special injunction only after written notice and hearing unless it appears to the satisfaction of the court that immediate and irreparable injury will be sustained before notice can be given or a hearing held, in which case the court may issue a preliminary or special injunction ...

(c) Punishment. --Punishment for contempt specified in subsection (a)(1) or (3) may be a fine of not more than $100 or imprisonment for not more than 30 days, or both.