CONTEMPT. This packet contains forms and information on: How to File a Petition for Citation of Contempt

Transcription

1 CONTEMPT This packet cntains frms and infrmatin n: Hw t File a Petitin fr Citatin f Cntempt It is advisable t have an attrney when filing legal papers t be sure that yur rights are prtected and that all the prcedures are crrectly fllwed. Curthuse persnnel are prhibited by state law O.C.G.A frm giving legal advice. Different situatins may require special prcedures and curthuse persnnel cannt advise yu n hw t prceed r what frms may be necessary in specific situatins. Cntempt Packet Page 1 f 11

2 HOW TO FILE A PETITION FOR CITATION OF CONTEMPT Use this packet nly if the ther side lives in Cbb Cunty and yu have a Superir Curt Order frm a Gergia Curt which rders yur ex-spuse r the ther parent f yur child(ren) t d certain things, and that persn has nt dne them. Fr example, this packed shuld be used if: yu have nt received child supprt as rdered OR yu have nt been permitted t visit with yur child(ren) as rdered OR the ther persn has nt turned ver prperty as rdered r has nt perfrmed ther acts as rdered OR the ther persn has nt btained health insurance r paid yu back fr medical expenses as rdered If yur ex-spuse n lnger lives in Gergia and yu need t file a cntempt actin fr custdy r visitatin against yur ex-spuse, yu must seek the advice f an attrney, unless yur ex-spuse can be persnally served while in Gergia with a cpy f yur petitin that was filed in Gergia. If yur ex-spuse n lnger lives in Gergia, yu can use these frms t file a cntempt actin fr nnpayment f child supprt/alimny, t btain health/life insurance, t pay medical expenses, t turn ver prperty, r t pay ther expenses. If yu have a curt rder frm anther state, please cntact an attrney. BASIC STEPS OF THIS PROCESS STEP 1: STEP 2: STEP 3: STEP 4: STEP 5: STEP 6: STEP 7: STEP 8: STEP 9: STEP 10: Fill ut the Petitin fr Citatin f Cntempt. Fill ut the Verificatin frm. Fill ut the Rule Nisi frm. Nte: Mst petitins require summns t be attached t yur Petitin fr Service. Hwever, fr a cntempt actin, the Rule Nisi serves as yur summns. Cmplete the frm fr Service (Must be btained frm the Clerk/Sheriff s Office). Make a cpy f yur Curt Order and attach it t the Petitin fr Citatin f Cntempt. Put the dcuments in rder. Make tw (2) cpies f each dcument. File the riginal dcuments with the Clerk f Curt. Take ne (1) cpy f the dcuments t the Sheriff s ffice. Cme t Curt n the date and time indicated n the Rule Nisi frm. Cntempt Packet Page 2 f 11

3 DETAILED INSTRUCTIONS FOR FORM COMPLETION Step 1: Step 2: Step 3: Petitin fr Citatin f Cntempt Petitiner: Yu are the Petitiner. Fill in yur name n the line after Petitiner and n the line after NOW COMES. Respndent: The Respndent is the persn wh has nt beyed the Order. Fill in that persn s full name n the line after Respndent. File Number: Leave the Civil Actin File Number blank. It will be filed in by the Clerk f Curt when yu file the Petitin. Paragraph 1: Fill in the cunty that issued the rder. Fill in the name f the case where yu gt the rder that is nt being beyed. This can be fund at the tp f the riginal curt rder. (Example: Je Smith v. Jane Smith) Fill in the case number frm that case. Fill in the date the judge signed the Order. This is n the last page f the Order abve the judge s signature. Paragraph 2: Put an x in the bx that is true and fill in the blank. Paragraph 3: Put an x in all the bxes that are true. If yu did nt get items the Curt rdered, yu shuld list them n the lines. If yu did nt get medical insurance r have nt been re-paid fr medical csts, thse shuld be listed. Put the date f the day yu finish the frm and sign yur name. Then clearly print yur name, address, and telephne number. Verificatin This dcument tells the Curt that yu swear, under ath, that what yu wrte r put in the Petitin is true and crrect. Print r type yur full name next t the wrd Petitiner. Print r type the full name f the persn disbeying the rder next t the wrd Respndent. Where it says: I, print r type yur full name. Where it says: This day f, 20, fill in the current date, mnth, and year. Print r type yur full named where indicated and fill in yur address and telephne number. DO NOT SIGN THIS DOCUMENT. Yu may nly sign this dcument in frnt f a public ntary. Public ntaries are available at banks, the pst ffice, grcery stres, r the Cbb Cunty Superir Curt Clerk s Office. Rule Nisi This dcument is used t set a hearing date. Fill in yur full name as the Petitiner and the ther persn s full name as the Respndent. Yu must have a hearing date attached t yur petitin. In rder t get ne, yu shuld take these dcuments t the Cbb Cunty Superir Curt Clerk s Office. The clerk will instruct yu n hw t get a hearing date. The remaining infrmatin n this dcument will be filled in by the Curt clerk when yu take the papers t be filed. Cntempt Packet Page 3 f 11

4 Step 4: Service The Petitin fr Citatin f Cntempt must be served n the ppsing party. Yu can either have the Sheriff serve the papers, r yu may persnally serve the papers if the Respndent is willing t sign an Acknwledgement f Service frm. Sheriff s Entry f Service: This dcument is used by the Sheriff when s/he serves a cpy f the dcuments n the Respndent. Write yur address under Petitiner s Address n the left. Write the Respndent s full name and address under Name and Address f Party t be served. On the right, write yur full name n the line abve Petitiner. On the right, write the Respndent s full name n the line abve Respndent. Step 5: Step 6: Step 7: Step 8: Original Order Make a cpy f the Curt Order that the ppsing party disbeyed, and attach it t the Petitin fr Citatin f Cntempt. Putting the Dcuments in Order Put the dcuments in the fllwing rder: Sheriff s Entry f Service Petitin Cpy f the pre-existing Curt Order that was disbeyed Verificatin Rule Nisi Make three (3) cpies f all dcuments in the package. Filing Take the dcument package t the Cbb Cunty Superir Curt Clerk s Office t file. Have the clerk fill in the case number and Rule Nisi frm fr all three (3) cpies. Be sure t tell the clerk that yu need a hearing date fr yur Rule Nisi frm. Have the clerk stamp yur cpies. Keep a cpy f the dcument package fr yur recrds. Take ne cpy f the dcument package t the Sheriff s Office s that the Sheriff can serve it upn the ppsing party. Yu will have t pay a service fee. Check with the Sheriff s Office fr the schedule fee. Curt Appearance Cme t Curt n the hearing date and time that is indicated n the Rule Nisi frm. Yu shuld g t the curtrm indicated n this dcument, and let the case manager knw that yu are there. Then, wait fr yur case t be called by the judge. When yu schedule yur Final Hearing, make sure yu cmpletely fill ut the enclsed Final Order n Mtin t Cntempt as cmpletely as pssible. Bring these frms t yur hearing and present them t the judge. Fees are subject t change. Please check with the Clerk s Office. Cntempt Packet Page 4 f 11

5 IN THE SUPERIOR COURT OF COBB COUNTY STATE OF GEORGIA Petitiner: and Civil Actin File N.: Respndent: PETITION FOR CITATION OF CONTEMPT NOW COMES (yur full name), Petitiner in the abve-styled actin, and submits this Petitin fr Citatin f Cntempt and shws the Curt as fllws: 1. An Order was entered in the Superir Curt f Cunty as fllws: The case name as it appeared in the prir actin: Civil Actin File Number (use the letter and number frm that case): The date the Order was filed in the Curt: A cpy f that Order is attached. 2. Respndent is subject t the jurisdictin f this Curt (where Respndent lives in Gergia r can be persnally served in Gergia) and may be persnally served with a cpy f this Petitin and Rule Nisi at. Respndent is nt a resident f Cbb Cunty. Respndent lives in Cunty, Gergia and shall be served with a cpy f this Petitin and Rule Nisi by secnd riginal. Respndent is subject t the jurisdictin f this Curt pursuant t the Gergia Dmestic Relatins Lng Arm Statute (where Respndent is a nn-resident f Gergia and yu are seeking a cntempt actin against the ppsing party fr failure t pay child supprt/alimny, t btain health/life insurance cverage, t pay medical expenses, t turn ver prperty, r t pay ther expenses) and may be persnally served with a cpy f this Petitin and Rule Nisi at by secnd riginal. 3. In the prir Order, Respndent was rdered: (check all that apply) t pay t Petitiner the amunt f $ per per child in child supprt, and wes $ t Petitiner as f the date f the filing f this Petitin. t allw Petitiner t visit with the minr child(ren) but has refused t d s. t give t Petitiner the fllwing pssessins but has refused t d s: Other: 4. Respndent was able t d what the Curt rdered. Respndent s refusal t d s is willful. 5. Respndent shuld be held in cntempt f this Curt s Order and cnfined t the cmmn jail f Cbb Cunty until s/he purges him/herself f said cntempt. Cntempt Packet Page 5 f 11

6 6. Respndent shuld be rdered t reimburse Petitiner fr payment f filing this actin and cst f service. WHEREFORE, Petitiner demands: (a) That prcess and summns issue as prvided by law (b) That Respndent be served with a cpy f Petitiner s Petitin fr Citatin f Cntempt; (c) That Respndent be held in cntempt fr failure t bey the terms f the Curt s Order (d) That a Rule Nisi hearing be set rdering Respndent t cme t Curt and tell the Judge why Petitiner s Petitin shuld nt be granted (e) That Respndent be rdered t reimburse Petitiner fr the cst f filing and serving this actin; (f) That Petitiner be awarded any ther relief this Curt finds right and prper. Signed this day f. [day] [mnth] [year] (Sign yur name here) Petitiner, Pr se Petitiner s Name (print r type): Petitiner s Address: Petitiner s Telephne Number: Cntempt Packet Page 6 f 11

7 IN THE SUPERIOR COURT OF COBB COUNTY STATE OF GEORGIA Petitiner: and Civil Actin File N.: Respndent: VERIFICATION I,, persnally appeared befre the undersigned Ntary Public, and declare under ath that I am the Petitiner in the abve-styled actin and that the facts stated in the freging Petitin fr Citatin f Cntempt are true and crrect t the best f my knwledge. Signed this day f. [day] [mnth] [year] (Sign yur name here befre Ntary) Petitiner, Pr se Petitiner s Name (print r type): Petitiner s Address: Petitiner s Telephne Number: Swrn t and affirmed befre me, this day f. NOTARY PUBLIC My cmmissin expires: (Ntary Seal) Cntempt Packet Page 7 f 11

8 IN THE SUPERIOR COURT OF COBB COUNTY STATE OF GEORGIA Petitiner: and Civil Actin File N.: Respndent: RULE NISI This actin has been filed. Therefre, let the parties appear befre the Hnrable Judge f the Superir Curt f Cbb Cunty, Cbb Judicial Circuit in Curtrm, in the Superir Curt Building, 70 Haynes Street, Marietta, Gergia n, 20 at clck.m. t shw cause why the relief sught shuld nt be granted. Issued n, 20. JUDGE/CLERK Superir Curt f Cbb Cunty Cbb Judicial Circuit Presented by: Petitiner Respndent, Pr se Cntempt Packet Page 8 f 11

9 IN THE SUPERIOR COURT OF COBB COUNTY STATE OF GEORGIA Petitiner: and Civil Actin File N.: Respndent: CERTIFICATE OF SERVICE This dcument certifies that n, 20, I sent cpies f the fllwing dcuments: t the ppsing party by first class mail/ certified mail and return receipt was requested. The dcuments were addressed as fllws: Signed this day f. [day] [mnth] [year] (Sign yur name here befre Ntary) Pr se Swrn t and affirmed befre me, this day f. Petitiner s Name (print r type): Petitiner s Address: Petitiner s Telephne Number: NOTARY PUBLIC My cmmissin expires: (Ntary Seal) Cntempt Packet Page 9 f 11

10 IN THE SUPERIOR COURT OF COBB COUNTY STATE OF GEORGIA Petitiner: and Civil Actin File N.: Respndent: FINAL ORDER ON MOTION FOR CONTEMPT This actin came befre the Curt n, 20. The Plaintiff appeared Pr Se. The Defendant als appeared. The Defendant did nt appear. The Curt heard evidence and cnsidered the matter. It is hereby rdered and adjudged that: [Chse nly ne (1) f the fllwing.] 1. The Curt finds that the Defendant is in willful/ nn-willful cntempt f this Curt s Order, dated. Specifically, Defendant is in cntempt as fllws: The Curt finds that the Defendant is nt in willful cntempt f this Curt s Order, dated. 2. The Curt finds the Defendant is in willful cntempt. The Curt further finds that the Defendant wes the sum f $. The Defendant shall be incarcerated in the cmmn jail f Cbb Cunty fr his/her failure t pay the afrementined amunt. The incarceratin is stayed and the Defendant shall have until, 20 t pay these mnies. The mnies shall be paid directly t the Sheriff f Cbb Cunty. The Sheriff shall release any and all sums cllected t upn the shwing f prper identificatin. If the Defendant fails t pay the mney due, s/he shall be incarcerated until such time as the mney is paid r released by apprpriate curt rder. Cntempt Packet Page 10 f 11

11 This Curt DOES / DOES NOT set a Cmpliance Hearing in this case fr, 4. Other: This Order entered n day f, 20. JUDGE, Superir Curt Cbb Judicial Circuit Cntempt Packet Page 11 f 11