HOW TO COMPLETE THE - California



ORDER TO SHOW CAUSE AND AFFIDAVIT FOR CONTEMPT

COMPLETION INSTRUCTIONS

NOTE – ON THE SAMPLE FORM, ANYTHING IN PARENTHESES IS AN EXAMPLE AND SHOULD NOT BE COPIED WORD-FOR-WORD

ORDER TO SHOW CAUSE AND AFFIDAVIT FOR CONTEMPT (FL-410)

CAPTIONS

I. Write in your NAME, ADDRESS, TELEPHONE NUMBER, and “IN PRO PER” at the bottom. The phrase “IN PRO PER” means that you are NOT represented by an attorney. If you are concerned about the other party knowing your address, you can use an alternative THAT YOU WILL BE ABLE TO OBTAIN YOUR MAIL FROM ON A CONSISTENT BASIS.

II. Write in the NAME and ADDRESS of the court where YOU PLAN TO FILE THE PAPERS.

III. Fill in this area EXACTLY AS APPEARS ON ALL PREVIOUS COURT PAPERWORK. It is VERY IMPORTANT to remember THAT CONSISTENT USE OF THE CAPTION IS MANDATORY.

IV. Write in your case number as it appears on the other RELATED court paperwork.

BODY OF THE DOCUMENT

Item #1: Write in the other party’s name.

Item #2a: When you take your documents to the Clerk’s counter to be filed, the clerk will ask you what date you would like to set your hearing. You need to set the date 30 DAYS FROM THE DATE YOU PLAN TO SERVE THE DOCUMENTS.

Item #2b: Mark either “same as noted above” for the court address OR write in the address of the courthouse that will be hearing the case.

Item #3: Mark this box and make sure an Affidavit of Facts Constituting Contempt (EITHER FL-411 OR FL-412) is attached.

Item #4: This is a general statement that you should read.

Item #5a: Check any boxes that apply in your situation. Check (1) if the other party was in court when the order was made. Check (2) if the other party was served with the order. Check (3) if you both signed a stipulation that the order was based on. Check (4) if there is some other way that shows the other party knows about the court order.

Item #5b: This is a general statement that you should read.

Item #6a: Check this box if you have NEVER filed a request for contempt.

Item #6b: Check this box if you HAVE filed a request for contempt before and remember to write in the DATE it was filed and WHAT HAPPENED.

Item #7: Check this box if the other party has PREVIOUSLY BEEN FOUND IN CONTEMPT. Do not forget to write in the case name and number, what happened in court, and the date it happened. If you need more room, check the “Continued on Attachment 7” box and type up a separate sheet.

Item #8: Check this box.

Item #8a: Check this box if the other party violated a court order for CHILD SUPPORT, SPOUSAL SUPPORT, and/or FAMILY SUPPORT. Make sure you fill out Affidavit of Facts Constituting Contempt (FL-411).

Item #8b: Check this box if the other party violated a court order for DOMESTIC VIOLENCE, CHILD CUSTODY, and/or VISITATION. Make sure you fill out Affidavit of Facts Constituting Contempt (FL-412).

Item #8c: Check this box if the other party violated ANY OTHER TYPE OF COURT ORDER. Make sure you write in the order that was violated and when that violation occurred. If you need more room, check the “Continued on Attachment 8c” box and type up a separate sheet.

Item 8d: Check this box and write in WHY the other party had no excuse to violate the order. If you need more room, check the “Continued on Attachment 8d” box and type up a separate sheet.

Item 8e: Check this box if you are requesting attorney fees and costs. If you do check this box, you will also need to fill out and Income and Expense Declaration (FL-150).

DO NOT FORGET TO DATE, PRINT YOUR NAME, AND THEN SIGN YOUR NAME!

ORDER TO SHOW CAUSE AND AFFIDAVIT FOR CONTEMPT

COMPLETION INSTRUCTIONS

NOTE – ON THE SAMPLE FORM, ANYTHING IN PARENTHESES IS AN EXAMPLE AND SHOULD NOT BE COPIED WORD-FOR-WORD

AFFIDAVIT OF FACTS CONSTITUTING CONTEMPT (FL-411)

CAPTIONS

I. Fill in this area EXACTLY AS APPEARS ON ALL PREVIOUS COURT PAPERWORK. It is VERY IMPORTANT to remember THAT CONSISTENT USE OF THE CAPTION IS MANDATORY.

II. Write in your case number as it appears on the other RELATED court paperwork.

BODY OF THE DOCUMENT

Item #1a: You will want to include EACH TIME the other party has failed to pay either child support, spousal support, and/or family support.

- In the first column, write in the DATE the payment was DUE.

- In the second column, write in the TYPE OF ORDER and the DATE the order was FILED.

- In the third column, write in WHO THE MONEY IS SUPPOSED TO BE PAID TO.

- In the fourth column, write in the amount the COURT ORDERED THE OTHER PARTY TO PAY.

- In the fifth column, write in any payments the other party made.

- In the sixth column, write in the amount the other party still needs to pay.

If you need more room, check the box “Continued on Attachment 1a” and type a separate attachment. Make sure you include how many times the other party has violated each order in the area that addresses child support, spousal support, family support, attorney fees, and court & other costs. Total up the amounts for each violation and then provide the grand totals in the appropriate areas.

Item #1b: Write in any other orders that were violated, how the other party violated the order, and the date of each violation. If you need more space to write, check the box “Continued on Attachment 1b” and type a separate attachment.

Item #1c: Write in any facts you feel are important for the court to know. If you need more space to write, check the box “Continued on Attachment 1c” and type a separate attachment.

DO NOT FORGET TO DATE, PRINT YOUR NAME, AND THEN SIGN YOUR NAME!

ORDER TO SHOW CAUSE AND AFFIDAVIT FOR CONTEMPT

COMPLETION INSTRUCTIONS

NOTE – ON THE SAMPLE FORM, ANYTHING IN PARENTHESES IS AN EXAMPLE AND SHOULD NOT BE COPIED WORD-FOR-WORD

AFFIDAVIT OF FACTS CONSTITUTING CONTEMPT (FL-412)

CAPTIONS

I. Fill in this area EXACTLY AS APPEARS ON ALL PREVIOUS COURT PAPERWORK. It is VERY IMPORTANT to remember THAT CONSISTENT USE OF THE CAPTION IS MANDATORY.

II. Write in your case number as it appears on the other RELATED court paperwork.

BODY OF THE DOCUMENT

Item #1: Check this box if the restraining order prohibited the other party from contacting, molesting, harassing, attacking, striking, threatening, etc. any protected persons and the other party violated that order. Write in the date the restraining order was granted. Then specify in the space provided what the order was, how the other party violated the order, and the date of each violation.

Item #2: Check this box if the restraining order required the other party move or stay away from your residence. Write in the date the restraining order was granted. Then specify in the space provided how the other party violated the order and the date of each violation.

Item #3: Check this box if the restraining order required the other party to stay away from certain protected areas. Write in the date the restraining order was granted. Then specify how many yards the other party was supposed to stay away from you and any other protected areas mentioned in your order, but not listed on the form.

Item #4: Check this box if the restraining order required the other party not possess a firearm. Write in the date the restraining order was granted. Then specify in the space provided what the order was, how the other party violated the order, and the date of each violation.

Item #5: Check this box if the restraining order required the other party to attend a batterer’s treatment/anger management class. Write in the date the restraining order was granted. Then specify in the space provided how the other party violated the order.

Item #6: Check this box if the restraining order addressed custody and/or visitation and the other party violated the orders. Write in the date the restraining order was granted. Then specify in the space provided what the order was, how the other party violated the order, and the date of each violation.

Item #7: Check this box if the restraining order addressed any other orders that were violated by the other party. Write in the date the restraining order was granted. Then specify in the space provided what the order was, how the other party violated the order.

DO NOT FORGET TO DATE, PRINT YOUR NAME, AND THEN SIGN YOUR NAME!

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