Filing for Contempt

State of CA

I'm planning to file an OSC for contempt...representing myself.

Just wanted to know

#1 Is there a certain amount of notice I have to give the other party before the scheduled court date?

#2 Is the other party required to file any type of formal response or just required to show up at the hearing?

[I AM ALWAYS LIABLE]

Originally posted by taking2long
State of CA

I'm planning to file an OSC for contempt...representing myself.

Just wanted to know

#1 Is there a certain amount of notice I have to give the other party before the scheduled court date?

MY RESPONSE: Yes, at least 21 days prior to the hearing, and the papers MUST be personally served.



#2 Is the other party required to file any type of formal response or just required to show up at the hearing?

MY RESPONSE: Yes, there is a Responsive Declaration to Order to Show Cause or Notice of Motion (Ca Rules of Court Rule 1285.40).

IAAL

Thank You. Do I need to provide the other party a copy of a blank Responsive Declaration?

[I AM ALWAYS LIABLE]

Originally posted by taking2long
Thank You. Do I need to provide the other party a copy of a blank Responsive Declaration?

My response:

Yes, along with your financial declaration, and a blank copy of that form, too.

IAAL

What if I've already filed a financial declaration, do I need to complete it and file again?

[I AM ALWAYS LIABLE]

Originally posted by taking2long
What if I've already filed a financial declaration, do I need to complete it and file again?

My further response:

Yes, you must always serve a current Financial Declaration, whether or not the information has changed.

Also remember, in family law cases, the contempt proceedings must be initiated by filing and serving a Ca Rules of Court Rule 1285.60 Order to Show Cause and Affidavit for Contempt, along with an applicable Affidavit of Facts Constituting Contempt (Ca Rules of Court Rule 1285.61A or 1285.61B, below). These forms have been adopted for mandatory use. [Ca Fam § 292; Ca Rules of Court Rule 1226; see also Ca Civ Pro § 1211(b) --filing of Judicial Council form entitled "Order to Show Cause and Affidavit for Contempt (Family Law)" shall constitute compliance with § 1211]

Also, these are the forms you're going to need to fill out, file and serve - -

• Order to Show Cause and Affidavit for Contempt (Ca Rules of Court Rule 1285.60),

• Affidavit of Facts Constituting Contempt--Financial and Injunctive Orders (Ca Rules of Court Rule 1285.61A), and,

• Affidavit of Facts Constituting Contempt--Domestic Violence/Custody and Visitation (Ca Rules of Court Rule 1285.61B)

IAAL

Got it, thanks for the quick response this has been helpful.

What is the other party's deadline to file the response?

[I AM ALWAYS LIABLE]

Originally posted by taking2long
Got it, thanks for the quick response this has been helpful.

What is the other party's deadline to file the response?

My response:

Five "court days" prior to the hearing date.

You're welcome. However, I would suggest that you buy a book on Divorce, etc., from your local Barnes & Noble. They have very good Step-by-step books, and there's far more details you need to know about.

Best of fortune to you.

IAAL

1. When you say "personally served", does that mean they must be served directly to her (not her atty), or does that just mean cannot serve by mail?

2. Does the 21 day requirement refer to calendar days, or business days?

[I AM ALWAYS LIABLE]

Originally posted by taking2long



1. When you say "personally served", does that mean they must be served directly to her (not her atty), or does that just mean cannot serve by mail?

MY RESPONSE: "Personally served" means just that. Personally, directly, into her hand, from your Attorney Service right into her fat, little, palm. No substitute service allowed. It must be served on her ONLY - - even if your "agent" has to throw it at her at 100 miles per hour, and knock her buns onto the ground to do it.


2. Does the 21 day requirement refer to calendar days, or business days?

MY RESPONSE: Calendar days.

IAAL

fat, little, palm...throw it at her at 100 miles per hour...do you know her?

Thanks for the quick response!

[I AM ALWAYS LIABLE]

Originally posted by taking2long
fat, little, palm...throw it at her at 100 miles per hour...do you know her?

Thanks for the quick response!

My response:

Yes, I see "her" in my offices for depositions, and in court for hearings all the time. "She" is a cookie cutter profile of most all opposing partys.

Tell me, did you get the book from the store yet? Because, if you didn't, you're following a path to destruction.

IAAL

Yes, got the book! Thanks.

Unfortunately, after several attempts she's still not served. Either she's home and doesn't answer the door, or, someone else answers and claims she's not there (lies). She doesn't work so there is no other address (that I know of) where she can be caught off guard.

[stacyg2]

Just a suggestion on serving someone papers,,,,have a friend pretend to be delivering flowers to her and she needs to sign for them. After she signs and takes the flowers, have friend pass over the papers.
Thats how I served my ex, works great even for a man!
Good luck!

Great suggestion. Thanks!