The Contempt FL 410 form is a legal document used in California to initiate a contempt proceeding against a party who has allegedly disobeyed a court order. This form outlines the necessary details for the court to schedule a hearing where the accused can explain why they should not be found guilty of contempt. If you need to fill out this form, please click the button below for assistance.
The Contempt FL 410 form is a crucial legal document used in California family law cases, particularly when one party believes another has willfully disobeyed a court order. This form initiates a contempt proceeding, which is treated seriously as it can lead to criminal penalties, including fines or even jail time. The form requires specific information about the parties involved, including the petitioner, respondent, and any other relevant individuals. It also outlines the necessity for the alleged contemnor to appear in court to explain why they should not be found guilty of contempt. Essential details such as the date, time, and location of the court hearing must be included. Furthermore, the form necessitates an accompanying affidavit that details the alleged violations of the court order, supported by facts that demonstrate the citee's knowledge of the order and their ability to comply. It is important to note that pursuing a contempt action can impact any criminal prosecution related to the same violations. For those navigating this complex process, consulting with an attorney is highly recommended to ensure all procedures are followed correctly and effectively.
FL-410
ATTORNEY OR PARTY WITHOUT ATTORNEY (name, State Bar number, and address):
FOR COURT USE ONLY
TELEPHONE NO.:
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 PARTY/PARENT:
ORDER TO SHOW CAUSE AND
CASE NUMBER:
AFFIDAVIT FOR CONTEMPT
NOTICE!
¡AVISO!
Un proceso judicial por desacato es de índole criminal. Si la corte le
A contempt proceeding is criminal in nature. If the court finds you in
declara a usted en desacato, las sanciones posibles incluyen penas
contempt, the possible penalties include jail sentence, community
de prisión y de servicio a la comunidad, y multas.
service, and fine.
You are entitled to the services of an attorney, who should be
Usted tiene derecho a los servicios de un abogado, a quien debe
consultar sin demora para obtener ayuda. Si no puede pagar a un
consulted promptly in order to assist you. If you cannot afford an
abogado, la corte podrá nombrar a un abogado para que le
attorney, the court may appoint an attorney to represent you.
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:
Time:
Dept.:
Rm.:
b.Address of court:
Date:
same as noted above
other (specify):
JUDICIAL OFFICER
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.
(3)
citee signed a stipulation upon which the order was based.
(4)
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
a.
I have not previously filed a request with the court that the citee be held in contempt.
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.
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Form Adopted for Mandatory Use
ORDER TO SHOW CAUSE AND AFFIDAVIT FOR CONTEMPT
Family Code, § 292;
Judicial Council of California
Code of Civil Procedure, §§ 1211.5, 2015.5
FL-410 [Rev. January 1, 2015]
www.courts.ca.gov
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. Domestic violence restraining orders and child custody and visitation orders (see attached Affidavit of Facts Constituting Contempt (form FL-412))
c. 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.
(TYPE OR PRINT NAME)
(SIGNATURE)
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INFORMATION SHEET FOR ORDER TO SHOW CAUSE
AND AFFIDAVIT FOR 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 FOR 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 Party/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 check the box in item 3 and attach an Affidavit of Facts Constituting Contempt (form FL-411 for financial orders or form FL-412 for domestic violence, or custody and visitation orders), or leave the box in item 3 blank but check and complete item 8.
Item 5: Check the box that describes how the citee knew about the order that has been disobeyed.
Item 6: a. Check this box if you have not previously applied for a contempt order.
b.Check this box if you have previously applied for a contempt order and briefly explain when you requested the order and results of your request. If you need more space, check the box that says "continued on Attachment 6b" and attach a separate sheet to this order to show cause.
Item 7: Check this box if the citee has previously been found in contempt by a court of law. Briefly explain when the citee was found in contempt and for what. If there is not enough space to write all the facts, check the box that says "continued on Attachment 7" and attach a separate sheet to this order to show cause.
Item 8: a. Check this box if the citee has disobeyed orders for child support, custody, visitation, spousal support, family support, attorney fees, and court or litigation costs. Refer to item 1a on Affidavit of Facts Constituting Contempt (form FL-411).
b.Check this box if the citee has disobeyed domestic violence orders or child custody and visitation orders. Refer to Affidavit of Facts Constituting Contempt (form FL-412).
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Information Sheet (continued)
Item 8: c. If you are completing this item, use facts personally known to you or known to the best of your knowledge. State the facts in detail. If there is not enough space to write all the facts, check the box that says "continued on Attachment 8c" and attach a separate sheet to this order to show cause, including facts indicating that the violation of the orders was without justification or excuse.
d.Use this item to write other facts that are important to this order. If you are completing this item, insert facts personally known to you, or known to the best of your knowledge. State facts in detail. If there is not enough space to write all the facts, check the box that says "Continued on Attachment 8d" and attach a separate sheet to the order to show cause.
e.If you request attorney fees and/or costs for pursuing this contempt action, check this box. Attach a copy of your Income and Expense Declaration (form FL-150).
Type or print and sign your name at the bottom of page 2.
If you checked the boxes in item 3 and item 8a or 8b, complete the appropriate Affidavit of Facts Constituting Contempt (form FL-411), following the instructions for the affidavit above.
Make at least three copies of the Order to Show Cause and Affidavit for Contempt (form FL-410) and any supporting Affidavit of Facts Constituting Contempt (form FL-411 or FL-412) and the Income and Expense Declaration (form FL-150) for the court clerk, the citee, and yourself. If the district attorney or local child support agency is involved in your case, you must provide a copy to the district attorney or local child support agency.
Take the completed form(s) to the court clerk's office. The clerk will provide hearing date and location in item 2, obtain the judicial officer's signature, file the originals, and return the copies to you.
Have someone who is at least 18 years of age, who is not a party, serve the order and any attached papers on the disobedient party. For example, a process server or someone you know may serve the papers. You may not serve the papers yourself. Service must be personal; service by mail is insufficient. The papers must be served at least 16 court days before the hearing. The person serving papers must complete a Proof of Personal Service (form FL-330) and give the original to you. Keep a copy for yourself and file the original Proof of Personal Service (form FL-330) with the court.
If you need assistance with these forms, contact an attorney or the Family Law Facilitator in your county.
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For your protection and privacy, please press the Clear
This Form button after you have printed the form.
Filling out the Contempt FL-410 form can be a crucial step in addressing non-compliance with court orders. This process involves several detailed steps to ensure that the form is completed accurately and effectively. Following these instructions will help facilitate your case as you prepare to present your concerns to the court.
Once these steps are completed, you will be well-prepared for your upcoming court date. If any uncertainties arise during this process, seeking guidance from an attorney or the Family Law Facilitator in your county can provide valuable support.
What is the FL-410 form used for?
The FL-410 form, titled "Order to Show Cause and Affidavit for Contempt," is utilized in California courts to initiate a contempt proceeding. This form allows a petitioner to request the court to hold another party accountable for willfully disobeying a court order. The contempt action is serious, as it can lead to criminal penalties, including fines or even jail time.
Who can file an FL-410 form?
Any individual who believes that another party has violated a court order can file an FL-410 form. This includes situations involving child support, spousal support, custody arrangements, or other court mandates. It is crucial for the filing party to have evidence that the other party knew about the order and willfully disobeyed it.
What information is required on the FL-410 form?
The form requires details such as the names of the parties involved, the court's address, the case number, and specific instances of disobedience. Additionally, the petitioner must provide an affidavit outlining the facts constituting contempt. This affidavit should detail how the other party violated the order and any relevant background information.
What happens after I file the FL-410 form?
Once filed, the court will schedule a hearing date, which will be noted on the form. The petitioner must then serve the FL-410 and any attached documents to the other party at least 16 court days before the hearing. Proper service is critical; it must be done personally, not by mail.
Can I represent myself when filing an FL-410 form?
Yes, individuals can represent themselves when filing an FL-410 form. However, due to the complexities involved in contempt actions, it is highly recommended to consult with an attorney. An attorney can provide valuable guidance and help strengthen your case.
What are the potential outcomes of a contempt hearing?
The court may find the cited party in contempt, which could result in various penalties, including fines, community service, or even jail time. Alternatively, the court may find that the cited party did not violate the order, in which case no penalties would be imposed. The outcome depends on the evidence presented and the court's evaluation of the situation.
What should I do if I need help with the FL-410 form?
If you require assistance with the FL-410 form, consider reaching out to an attorney or the Family Law Facilitator in your county. These resources can provide guidance on completing the form correctly and understanding the process involved in contempt actions.
Filling out the Contempt FL-410 form can be challenging, and many people make mistakes that can delay their case. One common error is failing to provide complete and accurate personal information at the top of the form. This includes the name, address, and contact details of the person filing the form. Incomplete information can lead to confusion and potential delays in court proceedings.
Another mistake is not properly identifying the citee, the individual alleged to have violated the court orders. It is crucial to ensure that the name is spelled correctly and matches the name used in previous court documents. Any discrepancies could undermine the case and lead to complications during the hearing.
Many individuals also overlook the importance of attaching the necessary affidavits that support the contempt claim. The form requires an Affidavit of Facts Constituting Contempt (FL-411 or FL-412). Failing to include this documentation can result in the court dismissing the contempt request altogether.
Additionally, people often neglect to check the appropriate boxes that indicate how the citee was informed of the orders. This information is vital for establishing that the citee was aware of the court's directives. Omitting this detail can weaken the argument for contempt.
Another common oversight is not providing sufficient details about the instances of disobedience. It is essential to describe each violation clearly and specifically. Vague statements or generalizations can lead to misunderstandings and may hinder the court's ability to make an informed decision.
Lastly, failing to follow proper service procedures can cause significant issues. The papers must be served personally to the citee at least 16 court days before the hearing. Many individuals mistakenly believe that mailing the documents is sufficient, which is not the case. Proper service is critical to ensure that the court can proceed with the contempt hearing.
When navigating the complexities of a contempt proceeding, it is essential to understand the various forms and documents that accompany the Contempt FL-410 form. Each document serves a specific purpose in ensuring that the process is thorough and adheres to legal standards. Below is a list of related forms that may be utilized in conjunction with the FL-410.
Understanding these accompanying forms is crucial for anyone involved in a contempt proceeding. Each document plays a vital role in the process, helping to uphold the integrity of the legal system while ensuring that all parties receive a fair opportunity to present their case. Familiarity with these forms can significantly impact the outcome of a contempt action.
The Contempt FL-410 form is an important legal document used in California family law cases. It serves to initiate contempt proceedings against a party who has allegedly disobeyed a court order. There are several other documents that share similarities with the FL-410 form, each serving a specific purpose in legal proceedings. Here’s a look at seven of these documents:
Each of these documents plays a unique role in family law proceedings, but they share the common goal of ensuring compliance with court orders and protecting the rights of the parties involved.
When filling out the Contempt FL 410 form, it is essential to follow specific guidelines to ensure accuracy and compliance. Here’s a list of things you should and shouldn't do:
The FL-410 form, which is used for contempt proceedings in California, is often misunderstood. Below are four common misconceptions about this form, along with clarifications to help individuals navigate the process more effectively.
This form is primarily used in family law, but contempt proceedings can arise in various legal contexts. Therefore, it may be applicable in other types of cases where court orders are violated.
Filing the form does not ensure that the court will find the citee in contempt. The burden of proof lies with the petitioner to demonstrate that the citee willfully disobeyed a court order.
While individuals can represent themselves, it is highly recommended to consult an attorney. Contempt actions can be complex and challenging to prove without legal guidance.
Penalties for contempt can vary widely based on the circumstances. While jail time and fines are possible, the court may also impose less severe consequences, such as community service or modification of existing orders.
Filling out and using the Contempt FL-410 form can be a complex process, but understanding its key elements can make it more manageable. Here are some essential takeaways:
By keeping these points in mind, you can navigate the process of filling out and using the Contempt FL-410 form with greater confidence and clarity.