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Motion For Contempt - Ohio

Motion For Contempt Form. This is a Ohio form and can be used in Juvenile Probate Tuscarawas County (Court Of Common Pleas) .
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MOTION FOR CONTEMPT INSTRUCTIONS NOTES: IN 1991, OHIO DOMESTIC RELATIONS LAW CHANGED SIGNIFICANTLY. USE THE ATTACHED FORMS. (AUGUST 1991) This packet contains five (5) legal forms that you may need to request a finding of contempt. The forms enclosed are: (1) Motion for Contempt, (2) Order to Appear and Show Cause, (3) Affidavit in Support of Motion, (4) Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), (5) Affidavit of Inability to Prepay or give Security for Costs. In every parenting proceeding, a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) MUST be included with the Motion. These instructions are intended to be a general guide to help you get the forms filled out, filed with the Court, served on the opposing party and to get your request properly before the Judge/Magistrate. These instructions are not intended to be a legal analysis of your request but are merely to assist you in preparing and presenting your request. PLEASE READ ALL THE INSTRUCTIONS BEFORE YOU BEGIN TO COMPLETE THE FORMS. PLEASE PRINT ALL INFORMATION CLEARLY. American LegalNet, Inc. www.FormsWorkFlow.com A. FILLING OUT THE FORMS: 1. You should fill out these forms before you go to the Courthouse to file them. THE COURT STAFF WILL NOT HELP YOU IN COMPLETING THESE FORMS. They can only provide you with general information concerning your case number, and the date and time of your hearing. PLEASE PRINT ALL INFORMATION CLEARLY. MOTION FOR CONTEMPT - In the #1 blank, fill in the County that issued the Court order. In the #1A blank, fill in the Case Number. In the #2 blank, fill in the Plaintiff's name. In the #3 blank, fill in the Defendant's name. In the #4 blank, fill in your name. In the #5 blank, fill in the name of the individual you feel has not complied with an order of the Court. In the #6 blank, state the reason you feel this person is in contempt. In the #7 blank, you should sign your name and fill in your address. ORDER TO SHOW CAUSE - Fill in the top #1 through #3 just like the Motion for Contempt set out at paragraph No. 2 above. In the first paragraph you will need to circle the correct options (i.e. Plaintiff/Defendant, he/she etc.). In the second paragraph, you will need to circle the correct options and fill in #4 blank with the name of the individual you feel has not complied with an order of the Court. The Juvenile Court Clerk will provide the name of the Judge or Magistrate who will be hearing this Motion, along with the hearing date and time. AFFIDAVIT IN SUPPORT OF MOTION - Fill in the top #1 through #3 just like the Motion for Contempt set out at paragraph No. 2 above. Fill in #4 blank with your name. Fill in #5 blank with specific details that explain what has happened that make you feel that a Court order has been violated. THIS IS A SWORN STATEMENT. THIS MUST BE SIGNED IN FRONT OF A NOTARY PUBLIC. You must have this done before you come to the Courthouse to file this Motion. THE COURT STAFF WILL NOT NOTARIZE THIS FOR YOU. You will also need a DECLARATION UNDER UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (UCCJEA), which is enclosed. The UCCJEA MUST be filled out completely and notarized. If this document is not filed, the Court has no jurisdiction over this matter and the Court cannot hear your case. 2. 3. 4. 5. 6. American LegalNet, Inc. www.FormsWorkFlow.com 7. Leave the MAGISTRATE'S ORDER/NOTICE OF HEARING blank until you are at the Courthouse and ready to file the Motion. The Clerk's office may give you the date and time of the hearing. If they do, fill in the blank while at the Clerk's office. You will also need to file a REQUEST FOR SERVICE. Fill in the names of the children and case number on the Request for Service just as you did on the Motion. You should probably check the box for certified mail service, though you have other options. In the spaces provided, write in the names and address of the people you want served with these papers. In general, the natural parents and the caretaker of the child(ren) will need to be served. You must have a valid address of the other party for the Clerk's office to mail the Motion. IF YOU DO NOT HAVE A VALID ADDRESS FOR THE OTHER PARTY, DO NOT FILE THE MOTION. The Judge/Magistrate has no authority to grant your Motion unless the other person has been served with a copy of the papers and has been given an opportunity to be heard on the Motion. 8. 9. B. FILING THE MOTION: 1. After you have filled all the forms out, go to the Clerk of Juvenile Court's office at the County Courthouse in the county where the last order for custody was made. This is the only place you can file the Motion. All cases require the payment of Court costs. When you file your case, you should be prepared to pay a deposit of $70.00. This is an initial deposit. If your costs exceed this amount, you will be billed for the balance. If you are unable to prepay these Court costs, you must fill out the enclosed AFFIDAVIT OF INABILITY TO PREPAY OR GIVE SECURITY FOR COSTS. DO NOT sign this Affidavit unless you are in front of a Notary Public. THIS MUST BE DONE BEFORE YOU TAKE THE PAPERS TO THE COURT FOR FILING. The Judge/Magistrate will review this Affidavit and decide whether or not you are permitted to file your documents without prepaying the Court costs. Remember, this does not mean that you will never have to pay Court costs. It means that you will not have to prepay the costs. It is up to the Court to decide who pays Court costs. As a general rule, ANYONE WHO IS EMPLOYED MUST PAY THEIR COSTS AT THE TIME OF FILING. 2. 3. American LegalNet, Inc. www.FormsWorkFlow.com C. HEARING: 1. You should be prepared for the hearing. You should be neat, clean and appropriately dressed. You must have with you at the time of the hearing any witnesses that you want to verify why the custody should be changed. You should also have with you any papers or other documents or evidence (such as work schedules, etc.) that you want the Judge/Magistrate to see during your case. Because the Court may ask you about your financial information, you should bring with you proof of your income (i.e. letter from the Welfare Office [Department of Jobs and Family Services], letter from employer, check stubs, letter from Social Security, etc.). You should have with you for the hearing any evidence you wish to submit to the Court to verify your position. You should tell the Judge/Magistrate in clear and simple terms why you want th
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