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Order To Show Cause And Affidavit For Contempt FL-410 - California

Order To Show Cause And Affidavit For Contempt Form. This is a California form and can be used in Family Law - Enforcement Judicial Council .
 Fillable pdf Last Modified 11/7/2003
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FL-410 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: ATTORNEY FOR (Name): FAX NO.: SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARENT: ORDER TO SHOW CAUSE AND AFFIDAVIT FOR CONTEMPT NOTICE! A contempt proceeding is criminal in nature. If the court finds you in contempt, the possible penalties include jail sentence, community service, and fine. You are entitled to the services of an attorney, who should be consulted promptly in order to assist you. If you cannot afford an attorney, the court may appoint an attorney to represent you. CASE NUMBER: ¡AVISO! Un proceso judicial por desacato es de índole criminal. Si la corte le declara a usted en desacato, las sanciones posibles incluyen penas de prisión y de servicio a la comunidad, y multas. Usted tiene derecho a los servicios de un abogado, a quien debe consultar sin demora para obtener ayuda. Si no puede pagar a un abogado, la corte podrá nombrar a un abogado para que le represente. 1. TO CITEE (name of person you allege has violated the orders): 2. YOU ARE ORDERED TO APPEAR IN THIS COURT AS FOLLOWS, TO GIVE ANY LEGAL REASON WHY THIS COURT SHOULD NOT FIND YOU GUILTY OF CONTEMPT, PUNISH YOU FOR WILLFULLY DISOBEYING ITS ORDERS AS SET FORTH IN THE AFFIDAVIT BELOW AND ANY ATTACHED AFFIDAVIT OF FACTS CONSTITUTING CONTEMPT; AND REQUIRE YOU TO PAY, FOR THE BENEFIT OF THE MOVING PARTY, THE ATTORNEY FEES AND COSTS OF THIS PROCEEDING. a. Date: b. Address of court: Date: JUDICIAL OFFICER Time: same as noted above other (specify): Dept.: Rm.: AFFIDAVIT SUPPORTING ORDER TO SHOW CAUSE FOR CONTEMPT 3. An Affidavit of Facts Constituting Contempt (form FL-411 or FL-412) is attached. 4. Citee has willfully disobeyed certain orders of this court as set forth in this affidavit and any attached affidavits. 5. a. Citee had knowledge of the order in that (1) citee was present in court at the time the order was made. (2) citee was served with a copy of the order. citee signed a stipulation upon which the order was based. (3) (4) other (specify): Continued on Attachment 5a(4). b. Citee was able to comply with each order when it was disobeyed. 6. Based on the instances of disobedience described in this affidavit I have not previously filed a request with the court that the citee be held in contempt. a. b. I have previously filed a request with the court that the citee be held in contempt (specify date filed and results): Continued on Attachment 6b. Form Adopted for Mandatory Use Judicial Council of California FL-410 [Rev. January 1, 2003] Page 1 of 4 Family Code, § 292; Code of Civil Procedure, §§ 1211.5, 2015.5 www.courtinfo.ca.gov ORDER TO SHOW CAUSE AND AFFIDAVIT FOR CONTEMPT 2002 © American LegalNet, Inc. PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER PARENT: CASE NUMBER: 7. Citee has previously been found in contempt of a court order (specify case, court, date): 8. Continued on Attachment 7. Each order disobeyed and each instance of disobedience is described as follows: a. Orders for child support, spousal support, family support, attorney fees, and court or other litigation costs (see attached Affidavit of Facts Constituting Contempt (form FL-411)) b. c. Domestic violence restraining orders and child custody and visitation orders (see attached Affidavit of Facts Constituting Contempt (form FL-412)) Injunctive or other order (specify which order was violated, how the order was violated, and when the order was violated): d. Continued on Attachment 8c. Other material facts, including facts indicating that the violation of the orders was without justification or excuse (specify): e. Continued on Attachment 8d. I am requesting that attorney fees and costs be awarded to me for the costs of pursuing this contempt action. (A copy of my Income and Expense Declaration (form FL-150) is attached.) WARNING: IF YOU PURSUE THIS CONTEMPT ACTION, IT MAY AFFECT THE ABILITY OF THE DISTRICT ATTORNEY TO PROSECUTE THE CITEE CRIMINALLY FOR THE SAME VIOLATIONS. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (TYPE OR PRINT NAME) (SIGNATURE) FL-410 [Rev. January 1, 2003] Page 2 of 4 ORDER TO SHOW CAUSE AND AFFIDAVIT FOR CONTEMPT 2002 © American LegalNet, Inc. INFORMATION SHEET FOR ORDER TO SHOW CAUSE AND AFFIDAVIT OF FACTS CONSTITUTING CONTEMPT (Do NOT deliver this Information Sheet to the court clerk.) Please follow these instructions to complete the Order to Show Cause and Affidavit for Contempt (form FL-410) if you do not have an attorney to represent you. Your attorney, if you have one, should complete this form, as well as the Affidavit of Facts Constituting Contempt (form FL-411 or form FL-412). You may wish to consult an attorney for assistance. Contempt actions are very difficult to prove. An attorney may be appointed for the citee. INSTRUCTIONS FOR COMPLETING THE ORDER TO SHOW CAUSE AND AFFIDAVIT OF FACTS CONSTITUTING CONTEMPT (TYPE OR PRINT FORM IN INK): If the top section of the form has already been filled out, skip down to number 1 below. If the top section of the form is blank, you must provide this information. Front page, first box, top of form, left side: Print your name, address, telephone number, and fax number, if any, in this box. If you have a restraining order and wish to keep your address confidential, you may use any address where you can receive mail. You can be legally served court papers at this address. Front page, second box, left side: Print the name of the county where the court is located and insert the address and any branch name of the court building where you are seeking to obtain a contempt order. You may get this information from the court clerk. This should be the same court in which the original order was issued. Front page, third box, left side: Print the names of the Petitioner, Respondent, and Other Parent (if any) in this box. Use the same names as appear on the most recent court order disobeyed. Front page, first box, top of form, right side: Leave this box blank for the court's use. Front page, second box, right side: Print the court case number in this box. This number is also shown on the most recent court order disobeyed. Item 1: Insert the name of the party who disobeyed the order ("the citee"). Item 2: The court clerk will provide the hearing date and location. Item 3: Either
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