Article Guide
The Contempt FL-410 form is an essential document used in California courts to address situations where an individual is accused of disobeying court orders. This form initiates a contempt proceeding, which is a serious legal action that can have criminal implications. It requires the party alleging contempt, known as the petitioner or plaintiff, to provide specific details about the alleged violations. Key components of the form include the identification of the citee—the person accused of contempt—and a request for them to appear in court to explain why they should not be found guilty. The form also emphasizes the necessity of legal representation, advising individuals to consult an attorney promptly. If the court finds the citee in contempt, penalties may include fines, community service, or even jail time. Additionally, the form allows for the inclusion of an affidavit that details the facts supporting the contempt claim, ensuring that all relevant information is presented for the court's consideration. Completing the FL-410 form accurately is crucial, as it sets the stage for potential legal consequences and the enforcement of the original court orders.
Document Preview
ATTORNEY OR PARTY WITHOUT ATTORNEY (name, State Bar number, and address): |
|
FOR COURT USE ONLY |
||
|
|
|
||
TELEPHONE NO.: |
FAX NO. (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
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 |
|||||
|
www.courts.ca.gov |
|||||
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
b. Domestic violence restraining orders and child custody and visitation orders (see attached Affidavit of Facts Constituting Contempt (form
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
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) |
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
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
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
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
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
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
Make at least three copies of the Order to Show Cause and Affidavit for Contempt (form
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
If you need assistance with these forms, contact an attorney or the Family Law Facilitator in your county.
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.
Form Specifications
| Fact Name | Details |
|---|---|
| Form Purpose | The FL-410 form is used to initiate contempt proceedings in California family law cases. |
| Governing Laws | Family Code, § 292; Judicial Council of California Code of Civil Procedure, §§ 1211.5, 2015.5. |
| Criminal Nature | Contempt proceedings are considered criminal in nature, which can lead to serious penalties. |
| Possible Penalties | Penalties for contempt may include jail time, community service, and fines. |
| Legal Representation | Individuals facing contempt charges have the right to legal representation, which can be appointed if they cannot afford an attorney. |
| Knowledge of Orders | The citee must have had knowledge of the court orders that were allegedly violated. |
| Affidavit Requirement | An Affidavit of Facts Constituting Contempt (FL-411 or FL-412) must accompany the FL-410 form. |
| Service of Papers | Service of the contempt papers must be personal and completed at least 16 court days before the hearing. |
Contempt Fl 410: Usage Guidelines
After completing the Contempt FL-410 form, the next steps involve filing the form with the court and ensuring that the other party is properly notified of the proceedings. This process is crucial for moving forward with the contempt action.
- Begin by filling out the top section of the form. Include your name, address, telephone number, and fax number, if applicable.
- Indicate the county where the court is located and provide the court's address and branch name.
- List the names of the Petitioner, Respondent, and Other Party/Parent as they appear on the most recent court order.
- Leave the box on the right side of the top section blank for the court's use.
- Enter the court case number in the designated box.
- In Item 1, write the name of the party you allege has violated the orders (referred to as "the citee").
- For Item 2, obtain the hearing date and location from the court clerk and fill in the details.
- In Item 3, either check the box to attach an Affidavit of Facts Constituting Contempt (form FL-411 or FL-412) or leave it blank but complete Item 8.
- In Item 5, check the box that describes how the citee knew about the order they disobeyed.
- In Item 6, check the appropriate box regarding whether you have previously applied for a contempt order and provide details if necessary.
- In Item 7, check the box if the citee has been found in contempt before and briefly explain.
- In Item 8, check the relevant boxes indicating the types of orders disobeyed and provide detailed facts as needed.
- If you are requesting attorney fees, check the corresponding box and attach your Income and Expense Declaration (form FL-150).
- Type or print your name and sign at the bottom of the form.
- Make at least three copies of the completed form and any supporting documents.
- Take the originals to the court clerk's office for filing. The clerk will provide the hearing date and obtain the judicial officer's signature.
- Have someone at least 18 years old serve the order and attached papers on the citee, ensuring it is done personally.
- Ensure that the papers are served at least 16 court days before the hearing.
- The person serving the papers must complete a Proof of Personal Service (form FL-330) and return the original to you. Keep a copy for your records and file the original with the court.
Your Questions, Answered
What is the FL-410 form used for?
The FL-410 form, known as the Order to Show Cause and Affidavit for Contempt, is utilized in California family law cases. It serves to initiate a legal process when one party believes that another has willfully disobeyed a court order. This could involve issues such as child support, spousal support, custody arrangements, or other court mandates. Essentially, it requests the court to hold the non-compliant party accountable for their actions.
Who can file the FL-410 form?
Any party involved in a family law case can file the FL-410 form. This includes petitioners, respondents, or any other parties with a vested interest in the court order that has allegedly been violated. It is important to note that while individuals can represent themselves, seeking legal counsel is advisable due to the complexities involved in contempt proceedings.
What happens after I file the FL-410 form?
Once the FL-410 form is filed, the court will schedule a hearing. The date, time, and location of this hearing will be provided on the form. The party accused of contempt, known as the "citee," will be ordered to appear in court and explain why they should not be found guilty of contempt. This is an opportunity for both parties to present their arguments and any evidence related to the case.
What are the potential consequences of being found in contempt?
If the court finds the citee guilty of contempt, the consequences can be serious. Possible penalties include jail time, community service, fines, or other punitive measures. Additionally, the court may order the citee to pay attorney fees and costs incurred by the party who filed the contempt action. Understanding these potential outcomes is crucial for anyone involved in such proceedings.
Do I need an attorney to file the FL-410 form?
While it is not mandatory to have an attorney to file the FL-410 form, it is highly recommended. Contempt actions can be complex and challenging to navigate. An attorney can provide valuable guidance, help prepare the necessary documents, and represent your interests in court. If you cannot afford an attorney, the court may appoint one for you.
What information do I need to include on the FL-410 form?
The FL-410 form requires several key pieces of information. You must include your name and contact details, the name of the citee, and details about the specific court order that has been violated. Additionally, you will need to describe how the citee disobeyed the order and any prior instances of contempt, if applicable. Be thorough and precise, as this information is crucial for the court's consideration.
What is the role of the Affidavit of Facts Constituting Contempt?
The Affidavit of Facts Constituting Contempt, which is attached to the FL-410 form, provides the detailed evidence supporting your claim of contempt. This affidavit outlines the specific instances of disobedience and any relevant facts that demonstrate the citee's willful disregard for the court's orders. This document is essential for substantiating your case and will be reviewed by the court during the hearing.
Can I pursue contempt charges if there are ongoing criminal proceedings?
Pursuing a contempt action can complicate ongoing criminal proceedings related to the same violations. It is crucial to be aware that filing for contempt may affect the district attorney's ability to prosecute the citee criminally. Consulting with an attorney is advisable to navigate these potential conflicts and determine the best course of action.
What should I do if I need help with the FL-410 form?
If you find yourself needing assistance with the FL-410 form, several resources are available. You can contact an attorney for personalized legal advice. Additionally, many counties have Family Law Facilitators who can provide guidance on completing the form and understanding the contempt process. Utilizing these resources can help ensure that you are adequately prepared for your case.
Common mistakes
-
Incomplete Information: Failing to fill out all required sections can lead to delays or rejections. Each part of the form must be completed, including names, addresses, and case numbers.
-
Incorrect Case Number: Entering the wrong case number can cause confusion. Always double-check that the number matches the most recent court order.
-
Missing Attachments: Not including the necessary affidavits can weaken the case. Attach the Affidavit of Facts Constituting Contempt (FL-411 or FL-412) as required.
-
Failure to Specify Orders: Vague descriptions of the orders that were disobeyed can lead to misunderstandings. Clearly state each order and how it was violated.
-
Not Following Court Instructions: Ignoring specific instructions for completing the form can lead to errors. Review the instructions carefully before submission.
-
Improper Service of Papers: Serving the order incorrectly can invalidate the process. Ensure that the papers are served personally and by someone over 18 who is not involved in the case.
-
Missing Signatures: Forgetting to sign the form can result in it being rejected. Always sign and date the form before submitting it to the court.
Documents used along the form
The Contempt FL-410 form is often used in conjunction with several other documents to support a contempt action in court. Each of these forms serves a specific purpose in the legal process. Below is a list of related forms and documents commonly utilized alongside the FL-410.
- Affidavit of Facts Constituting Contempt (FL-411): This form provides detailed information about the specific actions or omissions that constitute contempt. It must be attached to the FL-410 to support the claim.
- Affidavit of Facts Constituting Contempt (FL-412): Similar to FL-411, this affidavit is used specifically for cases involving domestic violence or child custody violations. It outlines the facts that demonstrate contempt.
- Income and Expense Declaration (FL-150): This form details the financial situation of the requesting party. It is often included when requesting attorney fees or costs associated with the contempt action.
- Order to Show Cause (OSC): This is a court order that requires the cited party to appear in court and explain why they should not be held in contempt. It is often included with the FL-410.
- Proof of Personal Service (FL-330): This document confirms that the cited party has been properly served with the contempt papers. It is essential for ensuring that the court has jurisdiction over the cited party.
- Request for Order (RFO): This form may be filed to request specific orders from the court, such as enforcement of support orders or modifications related to custody.
- Notice of Motion: This document informs the other party about the motion being filed and provides details about the hearing date and time.
- Declaration: A declaration is a written statement made under penalty of perjury, providing facts or evidence related to the contempt case.
- Response to Motion: If the cited party wishes to contest the contempt motion, they may file a response outlining their arguments and evidence.
- Judgment: If the court finds the cited party in contempt, a judgment may be issued detailing the penalties or orders resulting from the contempt finding.
These documents collectively help to establish the context and basis for the contempt action, ensuring that all necessary information is presented to the court. Properly completing and filing these forms is crucial for the success of the contempt proceedings.
Similar forms
The Contempt FL-410 form is used in legal proceedings to address situations where an individual has allegedly disobeyed a court order. Several other legal documents serve similar purposes in various contexts. Here are ten documents that share similarities with the FL-410 form:
- Affidavit of Facts Constituting Contempt (FL-411): This document supports the FL-410 by providing detailed facts about the alleged contempt. It outlines the specific orders disobeyed and the circumstances surrounding the violation.
- Affidavit of Facts Constituting Contempt for Domestic Violence (FL-412): Similar to FL-411, this affidavit specifically addresses violations related to domestic violence restraining orders, detailing the relevant incidents and evidence of disobedience.
- Order for Child Support (FL-150): This form is used to establish or modify child support obligations. It may be referenced in contempt proceedings when a party fails to comply with support orders.
- Request for Order (FL-300): This document allows a party to request various types of orders from the court, including those related to custody or support, and can be linked to contempt if previous orders were violated.
- Notice of Motion (FL-320): This form is used to inform the court and other parties about a motion being filed. It is often used in conjunction with contempt proceedings to formally request the court's intervention.
- Proof of Service (FL-330): This document confirms that legal papers have been properly served to the parties involved. Proper service is crucial in contempt cases to ensure the citee is aware of the proceedings.
- Income and Expense Declaration (FL-150): This form details an individual’s financial situation and may be necessary in contempt cases involving support obligations, particularly when requesting attorney fees.
- Petition for Modification of Orders (FL-300): Similar to the FL-410, this petition addresses changes to existing court orders. It can be relevant in contempt cases when a party seeks to modify support or custody arrangements.
- Response to Request for Order (FL-320): This document allows a party to respond to motions filed against them. It can be used in contempt cases to present defenses against allegations of disobedience.
- Judgment (FL-180): This document represents the court's final decision in a case. If a judgment includes orders that are subsequently violated, it may lead to contempt proceedings similar to those initiated by the FL-410.
Dos and Don'ts
When filling out the Contempt FL-410 form, it is important to follow specific guidelines to ensure accuracy and compliance. Below is a list of dos and don'ts to consider.
- Do provide complete and accurate information in all required fields.
- Do attach any necessary affidavits that support your claim of contempt.
- Do ensure you have the correct court address and case number before submission.
- Do make copies of all documents for your records and for service to the other party.
- Don't leave any sections blank unless specifically instructed to do so.
- Don't serve the papers yourself; enlist someone who is at least 18 years old and not involved in the case.
- Don't forget to file the Proof of Personal Service with the court after serving the papers.
- Don't ignore deadlines for filing and serving documents, as this can affect your case.
Misconceptions
Understanding the Contempt FL-410 form is essential for anyone involved in a contempt proceeding. However, several misconceptions often cloud the clarity of this legal document. Here are nine common misunderstandings:
- Contempt is always a criminal charge. Many believe that contempt actions are strictly criminal. While they can carry criminal penalties, they may also involve civil consequences.
- Filing the form guarantees a contempt finding. Submitting the FL-410 does not ensure the court will find the citee in contempt. The court must evaluate the evidence presented.
- You must have a lawyer to file. While having legal representation is beneficial, individuals can file the form without an attorney.
- All violations lead to jail time. Not every act of contempt results in imprisonment. The court may impose other penalties, such as fines or community service.
- Only one instance of disobedience is needed. Multiple violations can strengthen a case, but a single clear instance can also suffice.
- The citee was unaware of the order. Knowledge of the order can be established through various means, such as presence in court or service of the order.
- All forms must be filled out perfectly. While accuracy is important, minor errors may not invalidate the filing. Courts often allow for corrections.
- You cannot request attorney fees. It is possible to request reimbursement for attorney fees incurred during the contempt action, provided the request is included in the filing.
- Service can be done by anyone. Only individuals over 18 who are not parties to the case can serve the documents. Self-service is not permitted.
Clarifying these misconceptions can help individuals navigate the complexities of the contempt process more effectively.
Key takeaways
Here are some key takeaways for filling out and using the Contempt FL-410 form:
- Understand the Nature of Contempt: A contempt proceeding is criminal. Possible penalties include jail time, community service, and fines.
- Right to Legal Representation: You have the right to consult an attorney. If you cannot afford one, the court may appoint one for you.
- Complete Personal Information: Fill out your name, address, and contact information accurately at the top of the form.
- Identify the Citee: Clearly state the name of the person you allege has violated the court's orders.
- Provide Court Details: Include the court's name, address, and case number where the original order was issued.
- Attach Supporting Documents: An Affidavit of Facts Constituting Contempt (FL-411 or FL-412) must be attached to support your claims.
- Document Previous Contempt Requests: Indicate if you have previously filed for contempt against the citee and provide relevant details.
- Service of Process: Ensure the papers are served personally to the citee at least 16 court days before the hearing.
- Keep Copies: Make multiple copies of all documents for your records, the court, and the citee.
Following these guidelines will help ensure that your contempt action is properly filed and addressed by the court.