Washington Contempt — Motion and Declaration for an Order to Show Cause is a legal document that is filed in the state of Washington when a party violates a court order or fails to obey a court ruling. It is used to ask the court to hold the party in contempt and to compel the party to comply with the court’s order. The motion lays out the facts of the case and the grounds for the contempt order, and the declaration states the facts which support the motion. The two types of Washington Contempt — Motion and Declaration for an Order to Show Cause are civil contempt and criminal contempt. Civil contempt is used when a party fails to comply with a court order and the court wants to compel the party to comply with the order. Criminal contempt is used when a party violates the court’s order and the court wants to punish the party.
Washington Contempt - Motion and Declaration for an Order to Show Cause
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FAQ
If the court finds contempt for not following a decree, then it can order the individual to pay the support, it can order the individual to pay the other party's attorney's fees and other fines, and it can also order incarceration.
When a party to a case fails to follow an order of the court they may be held in contempt. Contempt is mechanism by which the court can enforce any type of court order, whether it is a temporary order during dissolution proceeding or a final order after a case has been closed.
Here is the procedure: You file a motion.You get a hearing date by having a judge sign an Order to Go to Court for Contempt Hearing (Order to Show Cause) You have the contempt papers (and usually the original court order) properly delivered to (served on) every other party. You go to the hearing.
Possible remedial sanctions for committing contempt of court in Washington may include: Imprisonment extending as long as necessary to serve a coercive purpose. A forfeiture, for $2,000 maximum, for each day the contempt of court continues. An order to ensure compliance with a prior order of the 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.
(2) If the court finds that the person has failed or refused to perform an act that is yet within the person's power to perform, the court may find the person in contempt of court and impose one or more of the following remedial sanctions: (a) Imprisonment if the contempt of court is of a type defined in RCW 7.21.
Show cause orders instruct parties to ?show cause? why the court should decide in their favor on a motion. More accurately, a show cause order instructs a party to appear at a hearing and show cause why the court should not grant a motion another party filed.
To pursue a contempt action, you will need to fill out and file the mandatory forms for Washington state. You will need to get the forms at the Washington State Court's website ? you can download them for free. Initially, you will need these documents: (1) Motion for Contempt Hearing (FL All Family 165)