Contempt Fl 410 Form PDF Details

The Contempt FL-410 form serves as a critical tool in the judiciary system, marking a profound step in the enforcement of court orders within the Superior Court of California. When an individual disregards a court order, this form represents the formal process to address such violations, which can encompass a wide range of orders including those related to child support, domestic violence restraining orders, and more. The form dutifully notifies the alleged contemnor that they must appear in court to provide any legal justification for their actions, underlining the criminal nature of contempt proceedings. Penalties for being found in contempt might involve jail time, community service, or fines, highlighting the seriousness with which the court views such matters. Moreover, the form includes a section for an affidavit supporting the order to show cause for contempt, where one must detail the specific instances of disobedience and demonstrate knowledge of and the ability to comply with the orders in question. One of the form's warnings is particularly noteworthy; pursuing a contempt action may influence the district attorney's ability to prosecute the contemnor criminally for the same infractions. This introduction to the FL-410 form encapsulates its purpose, procedural requirements, and the consequential nature of contempt proceedings within the legal framework.

QuestionAnswer
Form NameContempt Fl 410 Form
Form Length4 pages
Fillable?No
Fillable fields0
Avg. time to fill out1 min
Other namesorder contempt show, form fl 410, order contempt, order affidavit

Form Preview Example

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)

 

other (specify):

 

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.

Page 1 of 4

 

 

 

 

 

 

 

 

 

 

 

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

FL-410

PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT:

OTHER PARTY/PARENT:

CASE NUMBER:

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.

Date:

(TYPE OR PRINT NAME)

(SIGNATURE)

FL-410 [Rev. January 1, 2015]

ORDER TO SHOW CAUSE AND AFFIDAVIT FOR CONTEMPT

Page 2 of 4

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).

FL-410 [Rev. January 1, 2015]

ORDER TO SHOW CAUSE AND AFFIDAVIT FOR CONTEMPT

Page 3 of 4

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.

FL-410 [Rev. January 1, 2015]

ORDER TO SHOW CAUSE AND AFFIDAVIT FOR CONTEMPT

 

Page 4 of 4

For your protection and privacy, please press the Clear

This Form button after you have printed the form.

How to Edit Contempt Fl 410 Form Online for Free

Our PDF editor was built to be as straightforward as possible. As soon as you adhere to these steps, the procedure for filling in the order contempt document will undoubtedly be effortless.

Step 1: Press the orange button "Get Form Here" on the website page.

Step 2: You are now ready to modify order contempt. You have a wide range of options with our multifunctional toolbar - you'll be able to add, eliminate, or change the text, highlight its certain elements, as well as undertake various other commands.

The next sections will constitute the PDF form that you'll be filling out:

part 1 to filling in order affidavit

Please fill in the You are entitled to the services, Usted tiene derecho a los, TO CITEE name of person you allege, Date, Time, Dept, Address of court, same as noted above, other specify, Date, AFFIDAVIT SUPPORTING ORDER TO SHOW, An Affidavit of Facts Constituting, JUDICIAL OFFICER, Citee has willfully disobeyed, and Citee had knowledge of the order field with the requested particulars.

Completing order affidavit part 2

Make sure you provide the vital data in the b Based on the instances of, I have not previously filed a, I have previously filed a request, Continued on Attachment b, Form Adopted for Mandatory Use, ORDER TO SHOW CAUSE AND AFFIDAVIT, Page of, and Family Code Code of Civil section.

order affidavit b Based on the instances of, I have not previously filed a, I have previously filed a request, Continued on Attachment b, Form Adopted for Mandatory Use, ORDER TO SHOW CAUSE AND AFFIDAVIT, Page of, and Family Code Code of Civil fields to complete

The PETITIONERPLAINTIFF, RESPONDENTDEFENDANT, OTHER PARTYPARENT, CASE NUMBER, Citee has previously been found in, Continued on Attachment, Each order disobeyed and each, Orders for child support spousal, and Domestic violence restraining section will be used to note the rights or responsibilities of each party.

Filling in order affidavit step 4

Review the sections Continued on Attachment c, Other material facts including, Continued on Attachment d, I am requesting that attorney fees, WARNING IF YOU PURSUE THIS, I declare under penalty of perjury, and Date and then fill them out.

Finishing order affidavit stage 5

Step 3: The moment you pick the Done button, the completed file is conveniently exportable to any type of of your devices. Alternatively, you may deliver it through email.

Step 4: To prevent yourself from any kind of challenges in the long run, you will need to get as much as several copies of the form.

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