How to file contempt of court without a lawyer and is it possible? Filing contempt charges is one of those things average people regard as impossible. Judging from the name itself, it is clear that filing charges is a legal matter and is generally related to criminal cases – something that average people have a little to no knowledge of. While it is true that no one can do it as effectively as a lawyer or an attorney, filing contempt charges is a task that the average people with no background in law can do as well. It is a matter of whether or not you know the process and how to properly execute the task. In that case, you are in luck! As you have come to the right place.
How to draft your motion
The first step you have to take is find the correct form. Majority of courts provide numerous fill in the blank forms that you may use to file your motion, but if said court doesn’t provide the specific motion that is intended for filing contempt charges, simply opt for a blank form. This blank motion form will later be used for you to make and format your own motion, courts are typically adding instructions to guide you through the whole process. Fill out the motion’s caption and make sure that the docket number in the form is the same number you can find on the form of your original case; names of the parties involved and the location of the court should also be the same as stated on your original case. When you are filling in the motion’s body, make sure you clearly refer to the original order and list each of the violation that the other party has done over a period of time. If required by the court, attach documents such as your original order to support the allegations.
The next step you have to take is scheduling a consultation with an attorney. Yes, it is true that you do not have to hire a lawyer to file contempt charges. However, you are advised to not skip this step as consulting with an expert for a fee can be incredibly beneficial. By consulting your motion before filing the document, you can get their expert advice on whether or not you have gotten everything in the right order.
How to file your motion
Once you are absolutely sure you have completed the require forms and had everything in the right order, take your documents to the clerk. However, it is worth noting that when you are asking for the other party to be penalized on the ground of order violation, your documents should be filed to the same court where your initial proceeding was taken place. This is due to the fact that the judge who will oversee the case is the same judge that issued the original order in the past. Once submitted, the last step is wait for the hearing and that is How to file contempt of court without a lawyer.