To file a Petition for Citation of Contempt in Fulton County, gather your original court order, document each specific violation with dates and amounts, and submit the completed form to the Fulton County Superior Court Clerk's office.
Who Can File This Form
Either party named in the original court order may file this petition. You do not need an attorney to file, though legal help is recommended for complex situations. You can file if the other party has failed to pay child support or alimony, denied court-ordered visitation, or refused to comply with property or insurance orders.
How to Complete the Form
- Enter your case information. Write the civil action number from your original court order and the full names of both parties as listed in the original case.
- Assert jurisdiction and venue. Confirm that Fulton County Superior Court has jurisdiction by referencing the original case filed there.
- Describe the original order. Summarize what the court previously ordered, including payment amounts, visitation schedules, or property transfer deadlines.
- Document the violations. State specifically how and when the other party failed to comply. Include exact dates, amounts owed, and attach supporting documents where possible.
- Request your relief. State what you want the court to do. Options include enforcing the original order, ordering repayment of legal costs, or requesting incarceration until compliance occurs.
- Sign and submit. Sign the petition as required under Georgia law and file it at the courthouse with the applicable filing fee.
Filing and Service Requirements
After filing, the clerk will schedule a hearing and issue instructions for serving the other party. Personal service is required before any hearing can proceed. Keep your proof of service for the record. The Fulton County Superior Court Clerk's office can answer procedural questions about filing fees and schedules.
What Happens at the Contempt Hearing
At the hearing, present evidence of the original order and each violation. The judge may order the non-compliant party to pay a purge amount to avoid incarceration, establish a payment plan, or take other corrective action. If the court finds willful contempt, it may order payment of your attorney fees as well.
Frequently Asked Questions
What is a citation of contempt?
A citation of contempt is a court order directing a party to appear and explain why they have not followed a prior court order. It is the formal first step in enforcing compliance through court action.
Can I file without a lawyer in Fulton County?
Yes. Georgia courts allow self-represented filers. The clerk can provide procedural guidance but not legal advice. For contested or high-stakes cases, consult a family law attorney.
What evidence do I need at the hearing?
Bring copies of the original court order, bank records showing missed payments, written communications about denied visitation, and any other documents showing non-compliance.
How long does a contempt case take?
After filing, you may wait several weeks before a hearing is scheduled. Uncontested cases resolve faster. Contested cases can require multiple hearings over several months.
Related Forms
You may also need the Indiana Contempt of Court Form for proceedings outside Georgia, the Agreed Motion to Terminate Child Support for related support modifications, or the Georgia Divorce Settlement Agreement for property division matters.