Fulton Georgia Motion for an Order of Contempt for Violation of Injunction

State:
Multi-State
County:
Fulton
Control #:
US-02226BG
Format:
Word; 
Rich Text
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

The judge simply declares that the offender has been found in contempt. The judge then immediately adds the punishment, which usually is a fine, confinement for a day or two, or both. In rare cases, confinement can extend to several months, or until further Order of the Court whenever that may be.

When found guilty of being in contempt of court it results in a criminal record. The Courts often exercise caution before an order of contempt is granted, such an order is normally applied as the Court's last resort.

PAYING THE FILING FEE: If the contempt is on any other item, the filing fee is $58.00, payable in Cash, Check or Credit Card (Credit Cards will have an additional convenience fee). If you have a very low income and feel that you cannot afford to pay these fees, you can ask the Court to waive the fees.

(1) Save as otherwise expressly provided in this Act or in any other law, a contempt of court may be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both: (1) Save as otherwise expressly provided in this Act or in any other law,

Contempt can be punished by a fine or up to two years in prison. Contempt of court is not a criminal offence, even though it is punishable by imprisonment.

Service by Sheriff Prepare your petition and make two (2) copies. Get two (2) Summons forms from the Clerk's Office, and a Sheriff's Entry of Service form. Complete the information requested on the two Summons and Sheriff's Entry of Service form. Attach one (1) Summons to your original petition.

You can download a Contempt petition by accessing the Family Division's downloadable forms area of this Website or visit our Family Law Information Center, 185 Central Avenue Suite 704, Atlanta, Georgia 30303, 404-612-2789. Petition the Court for an Income Deduction Order.

A subpoena may be served by any sheriff, deputy, or any other person not less than eighteen years of age. Proof may be shown by return or certificate endorsed on a copy of the subpoena. Subpoenas may also be served by registered or certified mail, and the return receipt shall constitute prima-facie proof of service.

Tell the server to: Give the papers to a responsible adult where the Defendant lives, or to someone in charge where the Defendant works. Say, These are court papers. Then, mail (first-class) a copy of the papers to the Defendant at the same address where s/he left the papers.

Penalty for Contempt of Court in Georgia #1 The court could punish criminal contempt by fines not exceeding $1,000.00, by imprisonment not exceeding 20 days, or both. O.C.G.A. § 15-6-8.

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Fulton Georgia Motion for an Order of Contempt for Violation of Injunction