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Questions about Contempt of Court by Meghan Jones





Article Author Biography
Questions about Contempt of Court by
Article Posted: 03/20/2013
Article Views: 105
Articles Written: 575
Word Count: 846
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Questions about Contempt of Court


 
Law
The order placed by the court which states that a person or organization has shown disrespect and disobeyed the court’s orders is called contempt of court. It gives the judge the permission to punish anyone who may disrupt the normal proceedings of the court. There may be various forms of contempt of court. Showing disrespect towards a judge, not following a court order, disruptive behavior in a court room or exposing any material that can affect the result of a trial are some of the examples of contempt of court. Answered below are some of the important questions about contempt of court:

What should the order for contempt of court say?
It is important for the court to know that somebody has not followed court orders in order to file a motion for contempt of court for lying. Such an order may apply to someone who has lied under oath. The individual may file a motion for contempt and then attach a copy of the transcript of the trial which contains the person’s lies. Once this is done, the individual will have to prove in court that the other party made false statements.

The person can get jail time if found guilty. He/she may also have to adhere to the original court order. The person can also be criminally charged for perjury if it is proved that he/she lied under oath. However, the prosecutor may decide whether he/she wants to file the charges or not.

What is the procedure to file contempt of court charges against an ex-spouse if he/she does not follow a divorce decree?
A person can request the court to force the ex-spouse to follow the original court orders if he/she does not follow them. It would not be very difficult for a person to file this motion. The person may require the case number of the original case and he/she may have to give the court a valid reason as to why he/she needs the court to interfere. If the ex-spouse does not follow the orders even after the court interferes, then he/she may be held in contempt of court. The kind of penalty the ex-spouse may get will depend on the case and the kind of court.

A person has been charged with contempt of court because he/she did not comply with the agreement of a bank note in the state of Illinois. What would happen at the court hearing in such a case?
In most cases, in such a scenario, the bank may request the court to use the bond money towards the judgment. The court may require any kind of evidence that can prove that the person tried to comply with the bank agreement. If the judge is convinced that the person is not making any proper attempt to comply with the agreement, he/she can even put the person in prison till he/she complies.

What action should a person take if he/she was arrested for contempt of court and given a court date in a small claims court?
In most cases, it may be possible that the person who filed the lawsuit against the individual may have got a post judgment hearing and wants to file a contempt of court against the person. The individual may contact the other party or their attorney if he/she wants to repay the debt. However, the individual may be required to go to court on the day of the hearing with any documents that the other party may ask for if he/she does not want to pay the debt. He/she may read the file of the court in order to find out the purpose of the hearing. In some situations, the opposite party may also drop the contempt charges if the person agrees to repay the debt.

A woman filed a contempt of court motion against her ex-husband. It was filed on the basis of an issue in a property settlement agreement. However, the husband moved out of state one week before the hearing and is now trying to but real estate property. What action can the woman take to freeze the husband’s assets till the case is solved?
In order to freeze the ex-husband’s assets till the case is solved, the woman may petition the court to file an emergency injunction on the husband’s assets. The court may not be able to place a lien on the real estate property that the husband buys if the woman is unable to get an injunction before the hearing date.

Contempt of court is considered to be a very serious offence. The penalty that a person may get for this offence will depend on the kind of case and the court that is handling the case. It is best if a person has knowledge about contempt of court so that he/she knows what to do if he/she gets a court order. You may ask a lawyer if you have any questions or need further information about the contempt of court.

Related Articles - contempt of court, what is contempt of court, contempt of court order, civil contempt of court, criminal contempt of court, contempt of court punishme,

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