What is the proper format for a Contempt of Court Motion? Or a show Cause motion

[lissa68]

Melissa(lissa68)

Dear Soc,

     What is the proper format for a Motion to Show Cause or A Contempt of Court,( i.e. Original Court Order) Motion?

     I am pro-se, and considered the Respondent.

     Can I ask for relief in this motion, other than the Petitioner,Defendant be held in contempt, as in maybe temporary EOW extended visitation until trial in August?



Thanks again,  Lissa68

[socrateaser]

Different in different courts, especially those that have mandatory form coversheets and/or Rule Nisi and or Precipice forms, but the basic drift is:

Motion for show cause is different from contempt. Show cause is generally used where an ex-parte (one party present) litigant receives a temporary restraining order (TRO) and the court orders the other party to appear and show cause why the TRO should no remain in force.

A contempt motion doesn't require an ex-parte hearing, unless the alleged contempt is causing irreparable harm to a party or the minor child.

So, what are your facts upon which you will allege the contempt?

[lissa68]

Melissa(lissa68)

Facts would be:

Documented denials of visitations, police reports

It states in court order that "a member of petitioners family or public official is to supervise, ex has somebody other than those 2 options.

I still retain joint legal custody, but supervised visitation, long story, but am going to trial August 13th of this year, for 50/50 custody, anyway, school info, doctors info, I am never told or alerted until after the fact.  I have missed a program my child was in because ex did not let me know, parent teachers conferences, ex went to them, then called 4 days later to tell me about them.

Ex discussing details of divorce, custody, visitations with child, whom is 6 yrs old.  And having child call me to find out for ex if I am coming for visitation.  I have that one on voice mail, and in Iowa its one party taping here.  

So, is it worth it, and can I ask the judge for relief as in say, Temporary visitations EOW until trial date, unsupervised?  

The basis of visitation being supervised is an unfounded DHS report of sexual abuse against my brother, not me.  I am or never was a danger, ex wanted to hurt me, knew she couldn't get child to say I did it, so convinced child uncle did it.

Thanks Soc,  Lissa68

[socrateaser]

First, I assume that the court orders make all of the above alleged behaviors contempt, because, based on your facts, I only see a possible contempt on the issue of who is supervising visitation.

In any case, I think that unless you have some very credible proof for your allegations that you are not gonna meet your burden of production and the court will dismiss the contempts.

On the unfounded DHS report, (1) was the report incomplete at the time that supervised visitation was ordered, and (2) was the supervised visitation orered as part of a temporary custody order or was it part of a final judgment?

If the order is temporary and the report was incomplete when made, then I would move to dismiss the TRO now on grounds that the allegation that showed a likelihood of irreparble harm has not been demonstrated because sexual abuse was not found by DHS.

So, if there's any other evidence that was presented by the other parent re this issue, tell me about that, and if not, this is what you should file a motion on.

[lissa68]

Melissa(lissa68)

There was no other eveidence, only the DHS report.

So I can file on the supervisor of visitation.  I got that, but what about the Denials of visitation?  I had the sheriff's office write statements about ex not letting me see child, or being gone at the time visits were to take place.

In the court order it also states the CP is to discuss all aspects of schooling, medical, before or immediatly after the appointment, and the same with dental.  I never know until I recieve the Insurance statement.

The court order also states that neither parent is to talk to the child about the other parent of aspects that discuss the divorce, custody or visitation.

So, based on these things, how do I format this Contempt action?

Thank you soc for your time and info,

Lissa68

[socrateaser]

I don't think that you're gonna get very far on the contempt motion as far as the kid calling you about visitation issue goes. Not sure about this failure to "discuss" issue -- if that's what your court order says, it's pretty vague.

Anyway, different courts have different rules, and you should get a copy of your court's local rules and also your State's trial court rules. There may be a form contempt motion that you must file. If not, I can help draft something.

Regarding the more important issue of your loss of custody, if as you say the only fact presented to the court was the allegation that your brother committed sexual abuse against the child, and at that time DHS had not concluded its report in the matter, and now that DHS has concluded its report, it has found no support for the allegation, then I would use these facts to move that the temporary restraining order be set aside, on the above-described grounds.

If my recitation of the facts is correct, let me know, and I will help you with this motion, also.

[socrateaser]

First, I assume that the court orders make all of the above alleged behaviors contempt, because, based on your facts, I only see a possible contempt on the issue of who is supervising visitation.

In any case, I think that unless you have some very credible proof for your allegations that you are not gonna meet your burden of production and the court will dismiss the contempts.

On the unfounded DHS report, (1) was the report incomplete at the time that supervised visitation was ordered, and (2) was the supervised visitation orered as part of a temporary custody order or was it part of a final judgment?

If the order is temporary and the report was incomplete when made, then I would move to dismiss the TRO now on grounds that the allegation that showed a likelihood of irreparble harm has not been demonstrated because sexual abuse was not found by DHS.

So, if there's any other evidence that was presented by the other parent re this issue, tell me about that, and if not, this is what you should file a motion on.

[lissa68]

Melissa(lissa68)

There was no other eveidence, only the DHS report.

So I can file on the supervisor of visitation.  I got that, but what about the Denials of visitation?  I had the sheriff's office write statements about ex not letting me see child, or being gone at the time visits were to take place.

In the court order it also states the CP is to discuss all aspects of schooling, medical, before or immediatly after the appointment, and the same with dental.  I never know until I recieve the Insurance statement.

The court order also states that neither parent is to talk to the child about the other parent of aspects that discuss the divorce, custody or visitation.

So, based on these things, how do I format this Contempt action?

Thank you soc for your time and info,

Lissa68

[socrateaser]

I don't think that you're gonna get very far on the contempt motion as far as the kid calling you about visitation issue goes. Not sure about this failure to "discuss" issue -- if that's what your court order says, it's pretty vague.

Anyway, different courts have different rules, and you should get a copy of your court's local rules and also your State's trial court rules. There may be a form contempt motion that you must file. If not, I can help draft something.

Regarding the more important issue of your loss of custody, if as you say the only fact presented to the court was the allegation that your brother committed sexual abuse against the child, and at that time DHS had not concluded its report in the matter, and now that DHS has concluded its report, it has found no support for the allegation, then I would use these facts to move that the temporary restraining order be set aside, on the above-described grounds.

If my recitation of the facts is correct, let me know, and I will help you with this motion, also.