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The California FL 415 form plays a crucial role in family law, particularly in cases involving contempt of court. This form is utilized by the Superior Court of California to document findings and orders regarding contempt proceedings. It captures essential information about the parties involved, including the petitioner, respondent, and any other parents, ensuring that all relevant individuals are identified. The form outlines the court's findings, detailing whether the citee has violated existing court orders and whether they have been informed of their rights, such as the right to counsel and the privilege against self-incrimination. Furthermore, the FL 415 form specifies the consequences of contempt, which may include community service, fines, or even jail time, depending on the severity of the violation. It emphasizes the importance of compliance with court orders and outlines the necessary steps the citee must take to rectify their situation. Additionally, the form mandates that the citee report on their employment status and any changes in their circumstances, thereby reinforcing accountability. Understanding the nuances of this form is essential for all parties involved in family law cases to navigate the complexities of contempt proceedings effectively.

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FL-415

ATTORNEY OR PARTY WITHOUT ATTORNEY (name, state bar number, and address) or

GOVERNMENTAL AGENCY (pursuant to Family Code, §§ 17400, 17404):

TELEPHONE NO. (Optional): (

)

–

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 PARENT:

FINDINGS AND ORDER REGARDING CONTEMPT

(Family Law)

1. This matter proceeded as follows:

 

Uncontested

 

By stipulation

a.

Date:

Dept.:

 

 

Judicial officer:

b.

 

Petitioner/Plaintiff present

 

 

 

Attorney present (name):

 

 

 

 

 

c.

 

Respondent/Defendant present

 

Attorney present (name):

 

 

 

 

 

 

 

d.

 

Other parent present

 

 

 

Attorney present (name):

e.Governmental agency by (name):

f. Other appearances (specify):

g.On the Order to Show Cause and Affidavit for Contempt (form FL-410)

Filed by

on (date):

FOR COURT USE ONLY

CASE NUMBER:

Contested

2.The "Citee" for purposes of this order is Other (specify):

Petitioner/Plaintiff

Respondent/Defendant

3.a. Citee has been advised of rights to:

(1) counsel

(2) appointed counsel

(3) continuance to obtain counsel

(4) a hearing/trial (to cross-examine, call, and compel the attendance of witnesses)

(5) privilege against self-incrimination

(6) other (specify):

b. Written advisement and waiver of rights attached.

requested requested requested requested

requested requested

waived right waived right waived right waived right

waived right waived right

THE COURT FINDS:

4.

Citee knowingly, intelligently and voluntarily waived rights as set forth in item 3.

5.a.

b.

c.

d.

e.

f.

There are valid orders of the court.

Citee had knowledge of the orders.

Citee violated the orders by (specify):

Citee has freely and voluntarily admitted to the defaults/violations specified in item 6. There is a factual basis for the plea entered.

Other (specify):

6.Citee is guilty of contempt of court for the following counts (defaults/violations) alleged in the Order to Show Cause and Affidavit for Contempt (form FL-410) (specify):

 

 

Page 1 of 3

Form Approved for Optional Use

FINDINGS AND ORDER REGARDING CONTEMPT

Family Code, §§ 17400, 17402, 17404

Judicial Council of California

CCP, §§ 1209, 1218

(Family Law—Domestic Violence Prevention—

FL-415 [Rev. July 1, 2003]

www.courtinfo.ca.gov

 

Uniform Parentage—Governmental)

 

 
hours in the county jail for counts (specify):

PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT: OTHER PARENT:

CASE NUMBER:

7.a.

b.

8.

9.

10.

11.

Citee is not guilty of contempt of court for the following counts (defaults/violations) alleged in the Order to Show Cause and Affidavit for Contempt (form FL-410) (specify):

Citee has a previous finding of contempt (specify):

Citee waived time for sentencing.

Citee waived time for trial.

Citee failed to appear as ordered.

Other (specify):

THE COURT ORDERS

12.a.

b.

13.

 

 

That the following counts alleged in the Order to Show Cause and Affidavit for Contempt (form FL-410) (specify):

 

 

are dismissed

 

with prejudice

 

 

 

without prejudice.

 

 

 

 

 

 

 

 

That the request to dismiss the following counts alleged in the Order to Show Cause and Affidavit for Contempt (form

 

 

 

 

FL-410) (specify):

 

 

 

 

 

is denied.

Citee must perform

 

hours of community service for counts (specify):

a.

 

To commence on (date):

 

 

 

to be completed by (date):

 

 

 

Citee must report to (specify):

 

 

 

 

 

 

 

on (date):

 

 

 

 

 

at (time):

 

 

 

 

 

 

 

 

 

 

b.

 

Citee must pay an administrative fee

 

 

 

of $

 

 

 

 

 

 

 

 

 

as determined by the community service agency

 

 

 

 

 

 

 

 

 

14.

15.

16.a.

b.

17.

Citee must serve

To commence on (date):

to be completed by (date):

Citee must report to (specify):

 

on (date):

at (time):

Citee must pay:

 

a.

 

attorney fees in the total amount of $

payable to (specify name):

 

 

 

 

 

b.

 

fines in the total amount of $

 

The contempt proceedings are suspended on condition that citee comply with all terms and conditions of this order. Imposition of sentence is suspended on condition that citee comply with all terms and conditions of this order.

Execution of sentence for

 

hours of community service

 

 

hours in county jail

will be suspended for a period of

and citee is placed on court probation on condition that citee

comply with all terms and conditions of this order, and

 

a.

 

Comply with current support order.

 

 

 

 

 

b.

 

Pay at least $

per month on current support order, payable to (specify name):

 

 

 

 

commencing (date):

 

c.

 

Pay at least $

per month on arrears commencing (date):

 

d.

 

Serve any remaining hours not suspended as specified in items 13 and 14.

 

 

 

18.

Citee must seek and maintain employment and must keep written records, copies of which must be forwarded by the 5th day

of each month as follows to the

 

Local Child Support Agency

 

court

 

other (specify):

 

 

 

 

 

 

 

 

 

a.Records of efforts to gain employment must include the name, address, and telephone numbers of individuals and firms contacted regarding employment, the dates of such contact and the anticipated results.

b.Records of all actual employment must include the name of the employer, dates, and hours worked and the gross and net amounts of income from each employer.

FL-415 [Rev. July 1, 2003]

FINDINGS AND ORDER REGARDING CONTEMPT

 

Page 2 of 3

(Family Law—Domestic Violence Prevention—

Uniform Parentage—Governmental)

PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT: OTHER PARENT:

CASE NUMBER:

19.Orders for payments required to be made as conditions of probation or suspension of sentence in this order do not modify a court ordered support obligation.

20.Citee must provide written notification to the superior court clerk of any change in residence and to

the local child support agency

 

the other party

of any change of residence, income, or employment within 10 days of the change.

21.

22.

23.

24.

A wage and earnings assignment will issue.

This matter is continued to (date):

 

at (specify time):

in court department (specify):

room (specify):

of this court for

compliance review. Citee is ordered to personally appear in court on that date and time. WARNING: Failure to appear may result in issuance of a bench warrant for citee's arrest.

A Warrant of Attachment will issue for citee's arrest. Bail is set in the sum of: $

Execution of the Warrant of Attachment is stayed until (date): at (specify court name):

Other (specify):

further hearing

25.Number of pages attached:

Approved as conforming to court order and findings: Date:

(SIGNATURE OF ATTORNEY FOR CITEE)

The citee agrees to the above terms:

Date:

Date:

(JUDICIAL OFFICER OF THE SUPERIOR COURT)

Signature follows last attachment

(SIGNATURE OF CITEE)

FL-415 [Rev. July 1, 2003]

FINDINGS AND ORDER REGARDING CONTEMPT

Page 3 of 3

(Family Law—Domestic Violence Prevention—

Uniform Parentage—Governmental)

➤ PDF File

Form Specifications

Fact Name Details
Purpose The FL-415 form is used in California to document findings and orders regarding contempt in family law cases.
Governing Laws This form is governed by Family Code sections 17400, 17402, and 17404, as well as California Code of Civil Procedure sections 1209 and 1218.
Parties Involved The form must include information about the petitioner/plaintiff, respondent/defendant, and any other relevant parties, including attorneys if present.
Rights Advisement Citee must be advised of their rights, including the right to counsel and the right to a hearing, as part of the contempt proceedings.
Consequences of Contempt If found guilty of contempt, the citee may face penalties such as community service, fines, or even jail time, depending on the circumstances.

California Fl 415: Usage Guidelines

Filling out the California FL-415 form is an essential step in addressing matters related to contempt in family law cases. This form requires careful attention to detail to ensure that all necessary information is accurately provided. Below are the steps to guide you through the process of completing the form.

  1. Begin by entering your name, state bar number (if applicable), and address in the designated section for Attorney or Party Without Attorney.
  2. Provide your optional telephone number, fax number, and email address in the specified fields.
  3. Indicate the name of the attorney representing the petitioner or plaintiff in the Attorney For section.
  4. Fill in the Superior Court of California details, including the street address, mailing address, city, and ZIP code.
  5. Specify the branch name of the court.
  6. Identify the parties involved by listing the names of the petitioner/plaintiff, respondent/defendant, and other parent as applicable.
  7. In section 1, indicate whether the matter was uncontested or contested and provide details such as the date, department, and judicial officer.
  8. For section 2, identify the "Citee" and specify if they are the petitioner/plaintiff, respondent/defendant, or another party.
  9. In section 3, check the rights that the Citee has been advised of and indicate whether they have waived any of those rights.
  10. Complete section 4 by confirming that the Citee knowingly waived their rights as described in section 3.
  11. In section 5, provide details regarding the court's findings, including whether there are valid orders, if the Citee had knowledge of them, and any violations.
  12. List the counts of contempt in section 6, specifying the defaults or violations alleged.
  13. In section 7, indicate if the Citee is not guilty of contempt for any counts and provide details if applicable.
  14. Sections 12 through 20 require you to outline the court's orders regarding community service, fines, and probation terms.
  15. Ensure that you provide any necessary dates and amounts in the appropriate sections.
  16. Complete the signature section, including the date and signature of the attorney for the Citee, as well as the judicial officer's signature.

After completing the form, review it thoroughly to ensure accuracy. Once confirmed, submit it to the appropriate court. Keep a copy for your records, as this will be important for future reference or compliance with court orders.

Your Questions, Answered

What is the purpose of the California FL-415 form?

The California FL-415 form is used to document findings and orders regarding contempt in family law cases. It is typically filed after a court has determined that a party has violated a court order. The form outlines the court's findings, any admissions made by the citee, and the resulting orders. These orders may include community service, fines, or other conditions aimed at ensuring compliance with court orders.

Who needs to fill out the FL-415 form?

The FL-415 form is generally filled out by the court or the attorney representing a party involved in a contempt proceeding. This includes the petitioner, respondent, or any other parent involved in the case. It is important that the information provided is accurate and complete, as it will affect the court's orders and the parties' obligations moving forward.

What happens if the citee does not comply with the orders outlined in the FL-415 form?

If the citee fails to comply with the orders specified in the FL-415 form, they may face serious consequences. This could include additional fines, further contempt proceedings, or even jail time. The court may issue a bench warrant for the citee's arrest if they do not appear as required. Compliance is crucial to avoid escalating legal issues.

How can one contest the findings or orders made in the FL-415 form?

If a party wishes to contest the findings or orders in the FL-415 form, they must do so by appearing in court on the specified date. They can present evidence, call witnesses, and argue their case before the judge. It is advisable to seek legal representation to navigate this process effectively and to ensure that all rights are protected.

Common mistakes

  1. Incorrect Identification of Parties: Failing to accurately list the names of the petitioner, respondent, and other parent can lead to confusion and delays.

  2. Missing Case Number: Not including the case number can result in the form being misplaced or not processed correctly by the court.

  3. Inaccurate Dates: Entering wrong dates for hearings or filings can jeopardize the case and lead to missed deadlines.

  4. Omitting Contact Information: Not providing complete contact details, such as phone numbers and email addresses, may hinder communication with the court.

  5. Improperly Filling Out Rights Waiver: Failing to correctly indicate whether the citee waived their rights can invalidate the proceedings.

  6. Neglecting to Attach Required Documents: Forgetting to include necessary attachments, like the advisement and waiver of rights, can delay the process.

  7. Failure to Specify Violations: Not clearly outlining the specific counts of contempt can lead to misunderstandings in court.

  8. Ignoring Signature Requirements: Not signing the form or having the required parties sign can render the form invalid.

  9. Not Keeping Copies: Failing to make copies of the completed form for personal records can create issues later if questions arise.

Documents used along the form

The California FL-415 form, known as the Findings and Order Regarding Contempt, is an essential document used in family law cases. It outlines the court's findings related to contempt proceedings, including any violations of court orders. When navigating the family law system, several other forms may be necessary to complement the FL-415. Below is a list of commonly used documents alongside brief descriptions of each.

  • FL-410: Order to Show Cause and Affidavit for Contempt - This form initiates the contempt proceedings. It requests the court to order a party to explain why they should not be held in contempt for failing to comply with a previous court order.
  • FL-420: Declaration for Default or Uncontested Dissolution - This document is used when one party is seeking a default judgment in a divorce case. It provides the court with information about the marriage and the reasons for the dissolution.
  • FL-300: Request for Order - This form is utilized to request a court order regarding various family law matters, such as child custody, visitation, or support. It sets the stage for hearings where parties can present their cases.
  • FL-341: Child Custody and Visitation Order - This form outlines the custody and visitation arrangements for children involved in a family law case. It is essential for establishing the rights and responsibilities of each parent.
  • FL-150: Income and Expense Declaration - This document provides the court with a detailed account of a party's financial situation. It is often required when requesting child support or spousal support modifications.
  • FL-155: Financial Statement - Similar to the FL-150, this form is used to disclose financial information but is typically shorter. It can be used in cases where a more simplified financial disclosure is sufficient.

Understanding these forms and their purposes can significantly aid in navigating the complexities of family law. Each document plays a vital role in ensuring that the court has the necessary information to make informed decisions regarding family matters.

Similar forms

  • FL-410: Order to Show Cause and Affidavit for Contempt - This document initiates contempt proceedings, outlining the reasons for the contempt and requiring the citee to respond. Similar to FL-415, it addresses violations of court orders, but it serves as the precursor to the findings and orders regarding contempt.
  • FL-300: Petition for Custody and Support - This form is used to request custody and support orders in family law cases. Like FL-415, it involves the court's authority to enforce orders, but it focuses more on establishing initial custody and support rather than addressing violations of existing orders.
  • FL-310: Response to Petition for Custody and Support - This document allows a respondent to reply to a custody and support petition. Both FL-310 and FL-415 are concerned with family law matters, but FL-310 is about responding to initial requests rather than addressing contempt.
  • FL-320: Request for Order - This form is used to request specific orders from the court, such as modifications to custody or support. Similar to FL-415, it requires the court's intervention, but it does not specifically deal with contempt issues.
  • FL-200: Summons - The summons notifies the other party of the legal action and requires their appearance in court. While FL-415 deals with consequences of non-compliance, FL-200 is about initiating the legal process.
  • FL-150: Income and Expense Declaration - This document provides the court with financial information relevant to support orders. Like FL-415, it is used in family law cases, but it focuses on financial disclosures rather than contempt findings.
  • FL-140: Declaration of Disclosure - This form is used to disclose financial information between parties in family law proceedings. Both FL-140 and FL-415 involve transparency in family law, but FL-140 is about initial disclosures rather than addressing violations of court orders.
  • FL-180: Judgment - The judgment form formalizes the court's decisions in family law cases. While FL-415 addresses violations of existing judgments, FL-180 is about the finalization of those decisions.

Dos and Don'ts

When filling out the California FL-415 form, it's essential to follow certain guidelines to ensure accuracy and compliance. Here are four things to do and not do:

  • Do double-check all personal information for accuracy, including names, addresses, and case numbers.
  • Do ensure that all required signatures are obtained before submission.
  • Do keep a copy of the completed form for your records.
  • Do read the instructions carefully to understand each section of the form.
  • Don't leave any sections blank unless specified; incomplete forms can lead to delays.
  • Don't use white-out or correction fluid on the form; errors should be crossed out and corrected clearly.
  • Don't forget to file the form by the deadline to avoid penalties.
  • Don't submit the form without reviewing it for clarity and completeness.

Misconceptions

Misconception 1: The FL-415 form is only for attorneys.

Many people believe that only attorneys can fill out the FL-415 form. In reality, this form can also be completed by individuals who are representing themselves in court. It is designed for both parties involved in a contempt case, whether they have legal representation or not.

Misconception 2: The FL-415 form is only used in contested cases.

Some assume that the FL-415 is only relevant when a case is contested. However, this form is applicable in both contested and uncontested situations. It serves to document findings and orders regarding contempt, regardless of how the case proceeds.

Misconception 3: Submitting the FL-415 form guarantees a favorable outcome.

There is a common belief that simply submitting the FL-415 form will lead to a favorable judgment. This is not true. The form is a tool for the court to assess the situation, but the final decision will depend on the evidence presented and the court's findings.

Misconception 4: The FL-415 form is the only document needed for contempt proceedings.

Some individuals think that the FL-415 form is the sole requirement for contempt proceedings. In fact, other documents, such as the Order to Show Cause and Affidavit for Contempt (form FL-410), are also necessary. It's crucial to ensure all required paperwork is submitted to avoid delays in the process.

Key takeaways

Here are some important points to consider when filling out and using the California FL-415 form:

  • Identify the Parties: Clearly state the names of all parties involved, including the petitioner/plaintiff, respondent/defendant, and any other parent.
  • Complete Contact Information: Include your address, phone number, and email address if applicable. This helps the court reach you easily.
  • Understand the Context: The form is used for findings and orders regarding contempt in family law cases. Be aware of the specific situation you are addressing.
  • Waiver of Rights: Ensure that the citee understands their rights and has waived them knowingly. This includes rights to counsel and the right to a hearing.
  • Document Violations: Clearly specify any violations of court orders. This will support the case being presented.
  • Follow Court Orders: Be prepared to comply with any orders made by the court, including community service or payment of fines.
  • Notify Changes: If there are any changes in residence, income, or employment, notify the court and relevant agencies within 10 days.

Be thorough and accurate when filling out this form. Every detail matters. Ensure that all required sections are completed to avoid delays in your case.