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

How to Fill Out Form FL-410

Form FL-410 at a glance

What it is: Form FL-410 is the Order to Show Cause and Affidavit for Contempt, adopted for mandatory use by the Judicial Council of California.

Who signs: Type or print and sign your name at the bottom of page 2.

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).

What to bring and attach to Form FL-410

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.

A filled-in Form FL-410 example: a person without an attorney asks the court for a contempt hearing

Form FL-410 example filled out, example: a person without an attorney asks the court for a contempt hearing
Jane Sample has no attorney and fills out form FL-410. John Sample was served with the order, and she attaches an Affidavit of Facts Constituting Contempt. The picture shows page 1, and every value in it is made up. Jane has not previously filed a request for contempt. The court clerk provides the hearing date and location, so the hearing date and location stay empty. John has not previously been found in contempt, so previously found in contempt stays empty. Nothing goes in each order disobeyed because the affidavit is attached. Jane has no other facts and asks for no fees, so other material facts and attorney fees and costs stay empty.

How to fill out Form FL-410, box by box

Attorney or party without attorney

Form FL-410 example filled out, attorney or party without attorney

Type or print form in ink. 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 the address you use.

Superior Court of California, county of

Form FL-410 example filled out, superior Court of California, county of

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 the court information from the court clerk. The court should be the same court in which the original order was issued.

Petitioner, respondent, other party and case number

Form FL-410 example filled out, petitioner, respondent, other party and case number

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, second box, right side: Print the court case number in this box. The case number is also shown on the most recent court order disobeyed.

Citee

Form FL-410 example filled out, citee

Insert the name of the party who disobeyed the order ("the citee").

Hearing date and location

Form FL-410 example filled out, hearing date and location

The court clerk will provide the hearing date and location.

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.

Affidavit of Facts Constituting Contempt attached

Form FL-410 example filled out, affidavit of Facts Constituting Contempt attached

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.

An Affidavit of Facts Constituting Contempt (form FL-411 or FL-412) is attached.

Citee had knowledge of the order

Form FL-410 example filled out, citee had knowledge of the order

Check the box that describes how the citee knew about the order that has been disobeyed.

Citee had knowledge of the order in that citee was present in court at the time the order was made, citee was served with a copy of the order, citee signed a stipulation upon which the order was based, or other (specify).

Previously applied for a contempt order

Form FL-410 example filled out, previously applied for a contempt order

Check this box if you have not previously applied for a contempt order.

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.

Previously found in contempt

Form FL-410 example filled out, previously found in contempt

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.

Each order disobeyed

Form FL-410 example filled out, each order disobeyed

Each order disobeyed and each instance of disobedience is described as follows:

Item 8: 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).

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).

Injunctive or other order (specify which order was violated, how the order was violated, and when the order was violated): if you are completing item 8c, 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.

Other material facts

Form FL-410 example filled out, other material facts

Use item 8d to write other facts that are important to this order. If you are completing item 8d, 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.

Attorney fees and costs

Form FL-410 example filled out, attorney fees and costs

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).

Declare under penalty of perjury and sign

Form FL-410 example filled out, declare under penalty of perjury and sign

Declare under penalty of perjury under the laws of the State of California that what you write is true and correct.

Type or print and sign your name at the bottom of page 2.

More rules for Form FL-410

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.

Do NOT deliver the Information Sheet to the court clerk.

You may wish to consult an attorney for assistance. Contempt actions are very difficult to prove. An attorney may be appointed for the citee.

For your protection and privacy, please press the Clear This Form button after you have printed the form.

If your situation is different

Someone serves the papers on the disobedient party

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.

You may not serve the papers yourself.

Service must be personal; service by mail is insufficient.

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.

Common questions about Form FL-410

Is there a deadline?

The papers must be served at least 16 court days before the hearing.

Is there a penalty?

If the court finds contempt, the possible penalties include jail sentence, community service, and fine.

Where to get help with Form FL-410

If you need assistance with these forms, contact an attorney or the Family Law Facilitator in your county.

Sources

[1] Form FL-410 (Rev. January 1, 2015), Order to Show Cause and Affidavit for Contempt, Judicial Council of California (the Official source link on this page).

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