Free FL-410 ORDER TO SHOW CAUSE AND AFFIDAVIT FOR CONTEMPT - California


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Pages: 4
Date: June 24, 2009
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State: California
Category: Court Forms - State
Author: U0018446
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URL

http://www.courtinfo.ca.gov/forms/documents/fl410.pdf

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Preview FL-410 ORDER TO SHOW CAUSE AND AFFIDAVIT FOR CONTEMPT
COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): : :
TELEPHONE NO.: ATTORNEY FOR (Name): FAX NO.:

FL-410
FOR COURT USE ONLY

Index No. Calendar No.

Plaintiff(s)

: : : :

JUDICIAL SUBPOENA

SUPERIOR COURT OF CALIFORNIA, -againstCOUNTY OF
STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME:

PETITIONER/PLAINTIFF:

Defendant(s) : ...................................................... RESPONDENT/DEFENDANT:
OTHER PARENT:

THE PEOPLE OF THE STATE FOR CONTEMPT AFFIDAVIT OF NEW YORK TO
NOTICE!

ORDER TO SHOW CAUSE AND

CASE NUMBER:

ˇAVISO!
Un proceso judicial por desacato es de índole criminal. Si la corte le declara a usted en desacato, las sanciones posibles incluyen penas de prisión y de servicio a la comunidad, y multas. Usted tiene derecho a los servicios de un abogado, a quien debe consultar sin demora para obtener ayuda. Si no puede pagar a un abogado, la corte podrá nombrar a un abogado para que le represente.

A contempt proceeding is criminal in nature. If the court finds you in contempt, the possible penalties include jail sentence, community service, and fine. You are entitled to the services of an attorney, who should be consulted promptly in order to assist you. If you cannot afford an GREETINGS: attorney, the court may appoint an attorney to represent you.

WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , Court located at CountyORDERED TO APPEAR IN THIS COURT AS FOLLOWS, TO GIVE ANY LEGAL REASON WHY THIS COURT of 2. YOU ARE in room , on the , 20 , at o'clock in the noon, and at any recessed SHOULD NOT FIND YOU GUILTY OF day of CONTEMPT, PUNISH YOU FOR WILLFULLY DISOBEYING ITS ORDERS AS SET FORTH IN THE AFFIDAVIT BELOW AND ANY ATTACHEDwitness in this action on the part of the or adjourned date, to testify and give evidence as a AFFIDAVIT OF FACTS CONSTITUTING CONTEMPT; AND
1. TOthe Honorable person you allege has violated the orders): CITEE (name of at the REQUIRE YOU TO PAY, FOR THE BENEFIT OF THE MOVING PARTY, THE ATTORNEY FEES AND COSTS OF THIS PROCEEDING. Time: Dept.: Rm.:

a. Date:

Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party court: same as noted above other (specify): b. Address of on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply.
Date:

Court in
3.

Witness, Honorable County,

, one of the Justices of the day of , 20
JUDICIAL OFFICER

AFFIDAVIT SUPPORTING ORDER TO SHOW CAUSE FOR CONTEMPT

An Affidavit of Facts Constituting Contempt (form FL-411 or FL-412) is attached.

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 (Attorney must sign above and type name below) (1) citee was present in court at the time the order was made. (2) citee was served with a copy of the order. citee signed a stipulation upon which the order was based. (3) Attorney(s) for (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 Office and P.O. Address I have not previously filed a request with the court that the citee be held in contempt. a. b. I have previously filed a request with the court that the citee be held in contempt (specify date filed and results):

Telephone No.: Facsimile No.: Continued on Attachment 6b. Form Adopted for Mandatory Use E-Mail Address: Judicial Council of California FL-410 [Rev. January 1, 2003] ORDER TO SHOW CAUSE AND AFFIDAVIT FOR CONTEMPT Mobile Tel. No.:

Page 1 of 4 Family Code, § 292; Code of Civil Procedure, §§ 1211.5, 2015.5 www.courtinfo.ca.gov

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PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: OTHER 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 FL-411)) b. c. Domestic violence restraining orders and child custody and visitation orders (see attached Affidavit of Facts Constituting Contempt (form FL-412)) 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 FL-150) is attached.)

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)

FL-410 [Rev. January 1, 2003]

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ORDER TO SHOW CAUSE AND AFFIDAVIT FOR CONTEMPT

INFORMATION SHEET FOR ORDER TO SHOW CAUSE AND AFFIDAVIT OF FACTS CONSTITUTING 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 FL-410) if you do not have an attorney to represent you. Your attorney, if you have one, should complete this form, as well as the Affidavit of Facts Constituting Contempt (form FL-411 or form FL-412). You may wish to consult an attorney for assistance. 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 OF FACTS CONSTITUTING 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 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 FL-411 for financial orders or form FL-412 for domestic violence, or custody and visitation orders), or leave the box in item 3 blank but check and complete item 8. 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 FL-411). 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 FL-412).
FL-410 [Rev. January 1, 2003] Page 3 of 4

ORDER TO SHOW CAUSE AND AFFIDAVIT FOR CONTEMPT

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 FL-150). 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 FL-411), following the instructions for the affidavit above. Make at least three copies of the Order to Show Cause and Affidavit for Contempt (form FL-410) and any supporting Affidavit of Facts Constituting Contempt (form FL-411 or FL-412) and the Income and Expense Declaration (form FL-150) for the court clerk, the citee, and yourself. If the district attorney or local child support agency is involved in your case, you must provide a copy to the district attorney or local child support agency. 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 21 calendar days before the court hearing. The person serving papers must complete a Proof of Personal Service (form FL-330) and give the original to you. Keep a copy for yourself and file the original Proof of Personal Service (form FL-330) with the court. If you need assistance with these forms, contact an attorney or the Family Law Facilitator in your county.

FL-410 [Rev. January 1, 2003]

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ORDER TO SHOW CAUSE AND AFFIDAVIT FOR CONTEMPT