Washington Contempt Hearing Order

State:
Washington
Control #:
WA-SKU-2362
Format:
PDF
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Description

Contempt Hearing Order

Washington Contempt Hearing Order is a court document issued by the Washington State Superior Court that outlines the procedures for a contempt hearing. It is issued when a party is found to be in contempt of court for failing to comply with a court order. The order sets out the time and place of the hearing, the name of the court, the names and addresses of the parties involved, the nature of the alleged contempt, and the relief sought. If the contempt involves a significant fine, the court may also require the payment of a bond or the posting of a surety. There are two types of Washington Contempt Hearing Order: civil and criminal. In a civil contempt hearing, the court may order the person charged with contempt to comply with a prior court order or face a fine. In a criminal contempt hearing, the person charged may face a sentence of up to 90 days in jail.

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FAQ

Request a modification ? One of the best ways to avoid being held in contempt of court is to know your situation and limitations. If you know that you will struggle to comply with the terms of a court order or judgment, respectfully seek a modification to change the terms of the court order.

Generally, you must prove all of these: There is a court order in effect. The other person knows about the court order. The facts show the other person plainly broke or did not follow (violated) the order. You have given the person notice of the contempt hearing and a chance to be heard.

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.

To make a finding of contempt of a parenting plan, the court must find that the parent, in bad faith, has not complied with the provisions of the parenting plan. If the court finds that the parent has not complied, it can award make-up time for a parent who has been denied residential time.

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.

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.

(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.

More info

Whoever wins presents a written order for the judge to sign. The judge usually signs it that day.This motion asks the court to hold a hearing where the other parent will have to explain why they aren't following the court order(s). After hearing both sides, the judge will decide whether or not contempt occurred. The motion is filed in the same county and court where the original order was entered. When one party refuses to follow a court order, the other party can file a motion for contempt. Here is what you need to know. 1. Fill out the forms. Domestic Relations and Juvenile Standardized Forms: Request the Enforcement of a Court Order and Hold the Other Party in Contempt for Violating the Court Order. The party against whom a contempt of court action is filed must be served with the relevant paperwork 20 days prior to the initial advisement hearing.

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Washington Contempt Hearing Order