civil contempt of court? what if in contempt?

[spinner]

Some of you might know my case, regardless, my question is more "general".

When there is a civil motion for contempt after you and the referee decides that you are in contempt.

What them? does he grant their motion as an all? does he look at every points and only order which ever ones that makes sense and dismiss the others, ...???

[MixedBag]

He should be looking at each item individually and then make a decision on the merit of each item.

THEN he will decide what's an appropriate "punishment" which might be a simple as ordering the other parent to turn over the passport, or to turn over medical insurance cards with in say 30 days, or it might be a monetary fine, or it might be make-up time with the child, or it might be what's really a modification of the divorce by adding in more detail.

How's that?

[jilly]

Soc said:

"Then the judicial officer makes a decision, based on either party carrying their burden of proof by a preponderance of the evidence, i.e., whoever's proof was more convincing, usually wins.

For contempt, the burden of proof is much higher. If the contempt is civil, meaning that the judge may order a sanction that you can purge, by some action or payment on your part, then it must be found by clear and convincing evidence, i.e., evidence demonstrating a substantial likelihood of truth. In addition, the evidence must be presented at the hearing and both sides are free to examine each other on the witness stand.

Then the judicial officer makes a decision."