How are cause decided in an order to show cause?

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My ex filed a contempt charges as an "order to show cause why you aren't in contempt"

Ok fine but I am wondering what is the judge or referee process to determine if there are cause or not for contempt and if he wants to grand attorney fees and her motion or mine, ...

What are the criteria to decide?

[socrateaser]

>My ex filed a contempt charges as an "order to show cause why
>you aren't in contempt"
>
>Ok fine but I am wondering what is the judge or referee
>process to determine if there are cause or not for contempt
>and if he wants to grand attorney fees and her motion or mine,
>...
>
>What are the criteria to decide?

You must post the entire text of the OSC or I can't tell you what your circumstancess are. A contempt action may be either civil or criminal, and depending upon which, the requirements for a finding may be different.

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Filed in family court

It is hereby ordered that _________, the respondent, personally appear before the Honorable __________, Referee of Family Court, at Room _ of the _____ at 3:00 pm, or as soon thereafter as counsel may be heard, and show cause, if any you may have, whythe Court should not make its order granting the relief in the motion hereto attached and such other relief as the Court may deem just and equitable.

Motion:
1- granting to the respondent temporary and permanent supervised parenting time access with the minor child of the parties.
2- Restraining the respondent from removing the minor child from the state of MN without order of the court
3- ordering respondent to turn over the minor child's passport and foreign birth certificate
4- awarding attorney fees


hope this helps.
Apaprentlly she is going back tomorrow to court to get another ordeer to show cause signed and she is adding to the motion that she want me to be found in contempt, ...

[socrateaser]

Is there an affidavit or declaration attached to the OSC, describing why the requested relief should be granted?

What you posted is not a contempt motion. It's just a standard OSC for temporary custody.

If you want some help, then post the facts of your case and ask questions, otherwise I can't really help.

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well the affidavit is 24 pages long, ... would be hard to post here.

Basicaly our divorce decret doesn't have any provision saying I cannot go out of state with our kid.
with the Mother's knowledge we wen't over to europe for Xmas.

2 days after our return from europe she filed these papers saying she had no knowledge and I was in contempt of the court, ....

I am trying to make sense of what she is trying to acomplish here.

We already have our divorce decret and I have every other week-ends and an evening a week, ... 1/2 the vacations, ...


In anyway, beside the facts here, I am trying to be knowledgeable and learn what the process is for a judge or a referee to decide if he will grant her motion or not, if he will old someone in contempt or not.
What I'd like to understand is the referee's process in determining if there is or not contempt or reason to grant her motion or not ?

[socrateaser]

The process is for a typical OSC is:

Petitioner files for an OSC. The document contains a sworn affidavit of facts that are intended to support the relief requested, i.e., temp custody, confiscation of passport, etc. Respondent has the opportunity to respond to the OSC in writing with his/her own sworn affidavit and rebut the Petitioner's roof, although the proof itself may not be sufficient as a matter of law to grant the requested relief. Without reading the affidavid, I can't comment on that.

At the hearing usually the parties argue their position based on the evidence in the affidavits, rather than based on cross examination of each other and introduction of other evidence.

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.

If the contempt is criminal, which means that the judge may order a penalty or imprisonment that you cannot purge by any action of your own, then you are entitled to all of the constitutional protection of a criminal trial, i.e., proof of each and every element of the charges beyond reasonable doubt, and appointment of an attorney if you cannot afford one. However, you are not entitled to a jury trial.

The rest of the criminal contempt process is identical to the civil contempt process, described above.

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Thanks a lot for your help.
I now do understand.

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In the process to find someone in contempt, the court does:

1- earing to argue evidences (evidentiary earing)
2- if the judge/referee feels there is enough evidences he will schedule another earing to ear both side's testimony


right ?

[socrateaser]

>In the process to find someone in contempt, the court does:
>
>1- earing to argue evidences (evidentiary earing)
>2- if the judge/referee feels there is enough evidences he
>will schedule another earing to ear both side's testimony

You must be having trouble with your "h" key. It's a (h)earing, not an earing! LOL!

Anyway, no, usually there is a contempt motion with the charges, and then there's a hearing. Generally, the defendant does not respond in writing to the charges, because if the contempt is criminal, then the defendant has the right to remain silent and the right to an attorney.

And, if the contempt is civil, then it's still at the clear and convincing level of evidence, so it still may be better for the defendant to say nothing until the plaintiff pleads his/her case.

Why are you asking?

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hehehhe (plenty if H)

well the hearing is scheduled to be at 11 am and the referee has another motion in the afternoon.

My ex filed an ammended order to show cause to include contempt, ... show why you aren't in contempt of paragraph 3,4, and 5, ....____

Basicaly I am wondering what they plan to accomplish in 1 hour ??!?!?