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May 14, 2012, 08:25:32 AM
Views: 26353
What do I need to charge my ex with 'Contempt Of Court' for denying me visitation?
The specifics of what constitutes 'Contempt Of Court' vary slightly from State to State, but generally speaking, in order to find that a civil contempt has occurred, it must be determined that:
The specifics of what constitutes 'Contempt Of Court' vary slightly from State to State, but generally speaking, in order to find that a civil contempt has occurred, it must be determined that:
- a lawful order of the court was in effect;
- the order clearly expressed an unequivocal mandate;
- the party against whom the contempt is sought had knowledge of the order (although the order need not be served upon the party);
- there is proof as to a "reasonable certainty" that the order was disobeyed; and
- the rights of a party to the litigation were prejudiced, i.e. that the accused "defeated, impaired, impeded, or prejudiced" the petitioner's rights or remedies.