The most common remedy available for the enforcement of decrees in divorce proceedings is the initiation of contempt proceedings. This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Virginia Motion for Order and Order to Show Cause Regarding Contempt Proceeding for Nonpayment of Alimony
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How to fill out Motion For Order And Order To Show Cause Regarding Contempt Proceeding For Nonpayment Of Alimony?
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FAQ
The test of the sufficiency of any defensive pleading in any suit in equity or action at law shall be made by a motion to strike; if found insufficient, but amendable, the court may allow amendment on terms.
Penalties. If CRIMINAL contempt is sought for a violation of a court order, the sections of the 1950 Code of Virginia that are relevant are: §18.2-456 which allows a sentence of up to 10 days incarceration if the person charged is found guilty; OR.
What Is Contempt of Court? Contempt of court is an act of disrespect or disobedience toward a court or interference with its orderly process. Examples include disrupting court proceedings, interfering with attempts to obtain evidence, destroying evidence, disobeying a court order, and intimidating witnesses.
If CIVIL contempt is sought for a violation of a court order §16.1-292 allows for a disposition that might include incarceration until the contempt is purged (for example the support arrearage or a portion of it is paid or the child returned to the lawful custodian, or as ordered in each particular case).
Jurisdiction of cases involving violations of federal law by a child shall be concurrent and shall be assumed only if waived by the federal court or the United States attorney.
Code Section 16.1-278.16 provides the requirements for show cause petitions in the Juvenile and Domestic Relations District Court (?JDR Court?). The JDR Court uses Virginia form DC-635, which has instructions. The court you file your petition with depends on which court entered your support order.
Appeal from the Hearing Officer's Decision The appellant and/or custodial parent may appeal the hearing officer's decision to the appropriate Juvenile Domestic Relations Court within 10 calendar days of receipt of the hearing officer's decision.
Upon a properly filed petition, the court will usually issue the ?Rule to Show Cause? commanding the defaulting party to appear at a scheduled court hearing and demonstrate why he or she should not adjudged to be in contempt and then compelled to comply to take or not take certain action.