The California FL 415 form is a legal document used in family law cases to outline findings and orders regarding contempt. This form is essential for addressing violations of court orders related to family matters. If you need to fill out this form, please click the button below.
The California FL-415 form plays a crucial role in family law proceedings, particularly when it comes to addressing contempt issues. Designed for use in the Superior Court of California, this form is essential for documenting findings and orders related to contempt cases. It outlines the parties involved, including the petitioner, respondent, and any other relevant parents or governmental agencies. The form captures critical details such as the presence of attorneys, the judicial officer overseeing the case, and the specific allegations of contempt that have been raised. It also ensures that the rights of the citee are clearly communicated and understood, providing options for legal representation and the right to a fair hearing. The FL-415 not only serves as a record of court findings but also stipulates the consequences for the citee, which may include community service, fines, or other conditions of probation. By establishing a clear framework for the court’s decisions, this form helps to uphold the integrity of family law and ensures compliance with court orders, ultimately aiming to protect the interests of all parties involved.
FL-415
ATTORNEY OR PARTY WITHOUT ATTORNEY (name, state bar number, and address) or
GOVERNMENTAL AGENCY (pursuant to Family Code, §§ 17400, 17404):
TELEPHONE NO. (Optional): (
)
–
FAX NO. (Optional): (
E–MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
OTHER PARENT:
FINDINGS AND ORDER REGARDING CONTEMPT
(Family Law)
1. This matter proceeded as follows:
Uncontested
By stipulation
a.
Date:
Dept.:
Judicial officer:
b.
Petitioner/Plaintiff present
Attorney present (name):
c.
Respondent/Defendant present
d.
Other parent present
e.Governmental agency by (name):
f. Other appearances (specify):
g.On the Order to Show Cause and Affidavit for Contempt (form FL-410)
Filed by
on (date):
FOR COURT USE ONLY
CASE NUMBER:
Contested
2.The "Citee" for purposes of this order is Other (specify):
Petitioner/Plaintiff
Respondent/Defendant
3.a. Citee has been advised of rights to:
(1) counsel
(2) appointed counsel
(3) continuance to obtain counsel
(4) a hearing/trial (to cross-examine, call, and compel the attendance of witnesses)
(5) privilege against self-incrimination
(6) other (specify):
b. Written advisement and waiver of rights attached.
requested requested requested requested
requested requested
waived right waived right waived right waived right
waived right waived right
THE COURT FINDS:
4.
Citee knowingly, intelligently and voluntarily waived rights as set forth in item 3.
5.a.
e.
f.
There are valid orders of the court.
Citee had knowledge of the orders.
Citee violated the orders by (specify):
Citee has freely and voluntarily admitted to the defaults/violations specified in item 6. There is a factual basis for the plea entered.
Other (specify):
6.Citee is guilty of contempt of court for the following counts (defaults/violations) alleged in the Order to Show Cause and Affidavit for Contempt (form FL-410) (specify):
Page 1 of 3
Form Approved for Optional Use
Family Code, §§ 17400, 17402, 17404
Judicial Council of California
CCP, §§ 1209, 1218
(Family Law—Domestic Violence Prevention—
FL-415 [Rev. July 1, 2003]
www.courtinfo.ca.gov
Uniform Parentage—Governmental)
RESPONDENT/DEFENDANT: OTHER PARENT:
7.a.
8.
9.
10.
11.
Citee is not guilty of contempt of court for the following counts (defaults/violations) alleged in the Order to Show Cause and Affidavit for Contempt (form FL-410) (specify):
Citee has a previous finding of contempt (specify):
Citee waived time for sentencing.
Citee waived time for trial.
Citee failed to appear as ordered.
THE COURT ORDERS
12.a.
13.
That the following counts alleged in the Order to Show Cause and Affidavit for Contempt (form FL-410) (specify):
are dismissed
with prejudice
without prejudice.
That the request to dismiss the following counts alleged in the Order to Show Cause and Affidavit for Contempt (form
FL-410) (specify):
is denied.
Citee must perform
hours of community service for counts (specify):
To commence on (date):
to be completed by (date):
Citee must report to (specify):
at (time):
Citee must pay an administrative fee
of $
as determined by the community service agency
14.
15.
16.a.
17.
Citee must serve
Citee must pay:
attorney fees in the total amount of $
payable to (specify name):
fines in the total amount of $
The contempt proceedings are suspended on condition that citee comply with all terms and conditions of this order. Imposition of sentence is suspended on condition that citee comply with all terms and conditions of this order.
Execution of sentence for
hours of community service
hours in county jail
will be suspended for a period of
and citee is placed on court probation on condition that citee
comply with all terms and conditions of this order, and
Comply with current support order.
Pay at least $
per month on current support order, payable to (specify name):
commencing (date):
per month on arrears commencing (date):
Serve any remaining hours not suspended as specified in items 13 and 14.
18.
Citee must seek and maintain employment and must keep written records, copies of which must be forwarded by the 5th day
of each month as follows to the
Local Child Support Agency
court
other (specify):
a.Records of efforts to gain employment must include the name, address, and telephone numbers of individuals and firms contacted regarding employment, the dates of such contact and the anticipated results.
b.Records of all actual employment must include the name of the employer, dates, and hours worked and the gross and net amounts of income from each employer.
Page 2 of 3
19.Orders for payments required to be made as conditions of probation or suspension of sentence in this order do not modify a court ordered support obligation.
20.Citee must provide written notification to the superior court clerk of any change in residence and to
the local child support agency
the other party
of any change of residence, income, or employment within 10 days of the change.
21.
22.
23.
24.
A wage and earnings assignment will issue.
This matter is continued to (date):
at (specify time):
in court department (specify):
room (specify):
of this court for
compliance review. Citee is ordered to personally appear in court on that date and time. WARNING: Failure to appear may result in issuance of a bench warrant for citee's arrest.
A Warrant of Attachment will issue for citee's arrest. Bail is set in the sum of: $
Execution of the Warrant of Attachment is stayed until (date): at (specify court name):
further hearing
25.Number of pages attached:
Approved as conforming to court order and findings: Date:
(SIGNATURE OF ATTORNEY FOR CITEE)
The citee agrees to the above terms:
(JUDICIAL OFFICER OF THE SUPERIOR COURT)
Signature follows last attachment
(SIGNATURE OF CITEE)
Page 3 of 3
Filling out the California FL-415 form involves providing specific information related to a court case regarding contempt. This form requires details about the parties involved, the proceedings, and any findings made by the court. Following the steps below will help ensure that the form is completed accurately.
What is the purpose of the California FL-415 form?
The California FL-415 form is used to document findings and orders regarding contempt in family law cases. It is typically utilized when one party, known as the "citee," is alleged to have violated a court order. This form outlines the court's findings, the rights of the citee, and the orders issued by the court as a result of the contempt proceedings.
Who should fill out the FL-415 form?
The FL-415 form should be completed by the attorney representing the citee or by the citee themselves if they are not represented by an attorney. It is important to provide accurate information regarding the parties involved, including the petitioner, respondent, and any other relevant individuals.
What information is required on the FL-415 form?
The form requires several details, including the names and addresses of the parties involved, the case number, and information about the court. Additionally, it includes sections for documenting the proceedings, the rights of the citee, findings of the court, and any orders issued. Specific counts of contempt and any related penalties or requirements must also be detailed.
What happens if the citee is found guilty of contempt?
If the court finds the citee guilty of contempt, it may impose various penalties. These can include community service, fines, or even jail time, depending on the severity of the violation. The court may also suspend the imposition of a sentence if the citee agrees to comply with certain conditions, such as making payments or maintaining employment.
Can the citee contest the findings of contempt?
Yes, the citee has the right to contest the findings of contempt. During the proceedings, the citee can present evidence, call witnesses, and argue their case. If the court finds the citee not guilty, the charges will be dismissed. The citee should be aware that they may need legal representation to effectively contest the findings.
What are the potential consequences of failing to comply with the FL-415 orders?
Failure to comply with the orders outlined in the FL-415 form can result in further legal action. This may include additional contempt proceedings, fines, or even arrest warrants. It is crucial for the citee to adhere to the court's orders to avoid these consequences.
How does the FL-415 form relate to child support obligations?
The FL-415 form does not modify any existing court-ordered child support obligations. Any payments required as conditions of probation or suspension of sentence are separate from these obligations. The citee must continue to comply with any child support orders in addition to the requirements set forth in the FL-415.
What should the citee do if their circumstances change?
The citee is required to notify the superior court clerk and the local child support agency of any changes in residence, income, or employment within 10 days of the change. This ensures that the court and relevant agencies have up-to-date information regarding the citee’s situation.
What is the next step after the FL-415 form is submitted?
After the FL-415 form is submitted, the court will schedule a compliance review hearing. The citee must appear in court on the specified date and time. During this hearing, the court will review whether the citee has complied with the terms of the order. Failure to appear may lead to additional legal consequences, including the issuance of a bench warrant.
Filling out the California FL-415 form can be straightforward, but many people make common mistakes that can lead to complications. One frequent error is failing to provide complete contact information. It’s essential to include accurate details for the attorney or party involved, such as the name, address, and phone number. Omitting any of this information can delay the process or even result in the form being rejected.
Another common mistake is not properly identifying the parties involved. Ensure that the names of the petitioner, respondent, and other parents are clearly stated. Misidentifying a party can lead to confusion and may affect the outcome of the case.
Many individuals also overlook the importance of dates. It’s vital to include the correct dates for court appearances and any relevant events. Inaccurate or missing dates can create misunderstandings and complicate the legal proceedings.
Additionally, some people forget to check the box indicating whether the matter is contested or uncontested. This distinction is crucial as it affects how the court will handle the case. Not making this clear can lead to procedural issues.
Another mistake involves the advisement of rights. It is important to ensure that the citee has been properly advised of their rights. Failure to include this information can result in the court questioning the validity of the proceedings.
People often neglect to attach necessary documents, such as the written advisement and waiver of rights. This oversight can lead to delays or the need to resubmit the form with the required attachments.
Furthermore, individuals sometimes fail to sign the form. A missing signature can render the document invalid. Ensure that all required signatures are present before submitting the form.
Lastly, misunderstanding the implications of the findings and orders can lead to significant issues. It’s important to read and understand the implications of each section thoroughly. Ignoring this step may result in non-compliance with court orders, which can have serious consequences.
The California FL-415 form is used in family law cases to document findings and orders regarding contempt. This form is often accompanied by several other documents that provide additional information or facilitate the legal process. Below is a list of commonly used forms and documents that may accompany the FL-415.
These documents play a crucial role in the legal process surrounding contempt proceedings in California family law cases. Each form serves a specific purpose, ensuring that all parties are informed and that the court has the necessary information to make informed decisions.
When filling out the California FL 415 form, it is essential to follow these guidelines:
Avoid these common mistakes:
Understanding the California FL-415 form can be challenging, and several misconceptions often arise. Here are nine common misunderstandings about this important legal document:
By addressing these misconceptions, individuals can better navigate the complexities of family law and understand the importance of the FL-415 form in their legal proceedings.
Key Takeaways for Using the California FL-415 Form