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The Contempt FL 410 form serves as a critical legal document within the California court system, specifically designed to address instances of contempt of court. This form is utilized when an individual, referred to as the "citee," is alleged to have willfully disobeyed a court order. It requires the citee to appear in court and provide a legal justification for their actions, which may include failing to comply with orders related to child support, spousal support, or custody arrangements. The document outlines essential details such as the names of the parties involved, the case number, and the specific orders that have allegedly been violated. Additionally, it includes an affidavit supporting the claim of contempt, which must detail the circumstances of the disobedience. Importantly, the form also warns the citee of the potential criminal nature of the proceedings, including possible penalties such as fines or imprisonment. Given the serious implications of a contempt finding, it is strongly advised that individuals seek legal counsel to navigate this complex process effectively.

Contempt Fl 410 Example

FL-410

ATTORNEY OR PARTY WITHOUT ATTORNEY (name, State Bar number, and address):

 

FOR COURT USE ONLY

 

 

 

TELEPHONE NO.:

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 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 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

(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

FL-410 [Rev. January 1, 2015]

 

www.courts.ca.gov

FL-410

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 FL-411))

b. Domestic violence restraining orders and child custody and visitation orders (see attached Affidavit of Facts Constituting Contempt (form FL-412))

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 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, 2015]

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 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 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 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, 2015]

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 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 16 court days before the 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, 2015]

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.

Click for Contempt Fl 410 File

File Breakdown

Fact Name Details
Form Purpose The FL-410 form is used to initiate a contempt proceeding in California, allowing a party to request the court to enforce its orders.
Governing Laws This form is governed by Family Code, § 292, and Code of Civil Procedure, §§ 1211.5, 2015.5.
Criminal Nature Contempt proceedings are considered criminal in nature, which means penalties can include jail time, community service, or fines.
Legal Representation Individuals have the right to consult an attorney. If they cannot afford one, the court may appoint an attorney to assist them.
Knowledge of Order The citee must have had knowledge of the court order, which can be proven if they were present in court or received a copy of the order.
Affidavit Requirement An Affidavit of Facts Constituting Contempt (FL-411 or FL-412) must be attached to the FL-410 form to support the request for contempt.
Previous Contempt Findings The form allows the filing party to indicate if the citee has previously been found in contempt, which can impact the current proceeding.
Service of Process The order and accompanying documents must be personally served to the citee at least 16 court days before the hearing.
Request for Fees The form provides an option to request attorney fees and costs associated with pursuing the contempt action, requiring an attached Income and Expense Declaration (FL-150).

Guide to Using Contempt Fl 410

Filling out the Contempt FL-410 form requires careful attention to detail. Once completed, you will be able to submit it to the court, initiating the contempt proceedings. Follow these steps to ensure accuracy and compliance.

  1. Start by filling out the top section of the form. Include your name, address, telephone number, and fax number if applicable. If you have a restraining order, you may use an address where you can receive mail.
  2. Next, provide the name of the county where the court is located, along with the address and branch name of the court building.
  3. Print the names of the Petitioner, Respondent, and any Other Party/Parent in the designated box. Use the names from the most recent court order.
  4. Leave the box for court use on the right side of the top section blank.
  5. Insert the court case number in the appropriate box. This number is found on the most recent court order.
  6. In Item 1, write the name of the person you allege has violated the orders (the citee).
  7. For Item 2, the court clerk will provide the hearing date and location. Fill this in as instructed.
  8. In Item 3, check the box and attach the appropriate Affidavit of Facts Constituting Contempt (form FL-411 or FL-412), or leave it blank and check Item 8.
  9. For Item 5, check the box that describes how the citee was informed of the order they disobeyed.
  10. In Item 6, indicate whether you have previously filed for contempt. Provide details if applicable.
  11. In Item 7, check if the citee has been found in contempt before and explain briefly.
  12. For Item 8, check the relevant boxes regarding the orders that have been disobeyed and provide detailed explanations as necessary.
  13. Request attorney fees and costs if applicable, and attach your Income and Expense Declaration (form FL-150).
  14. Type or print your name and sign at the bottom of page 2.
  15. Make at least three copies of the completed form and any supporting documents.
  16. Take the completed forms to the court clerk’s office. The clerk will assist with filing and obtaining the judicial officer's signature.
  17. Have someone over 18, who is not involved in the case, serve the order and papers on the citee. Ensure this is done personally at least 16 court days before the hearing.
  18. The server must complete a Proof of Personal Service (form FL-330) and give the original to you for filing with the court.

Get Answers on Contempt Fl 410

What is the purpose of the FL-410 form?

The FL-410 form is used to initiate a contempt proceeding in California. This form allows a party to request that the court hold another party in contempt for willfully disobeying court orders. It serves as an Order to Show Cause, compelling the alleged violator to appear in court and explain why they should not be found guilty of contempt.

What are the potential consequences of being found in contempt?

If the court finds an individual in contempt, the penalties can be severe. Possible outcomes include jail time, community service, and fines. It is crucial for anyone facing contempt charges to seek legal advice promptly, as these proceedings can have serious implications on one's life and legal standing.

Who can file the FL-410 form?

Any party who believes another party has violated a court order can file the FL-410 form. This includes individuals involved in family law matters such as child support, spousal support, or custody issues. It is advisable for the filing party to consult with an attorney to ensure proper completion of the form and to understand the implications of filing for contempt.

What information must be included in the FL-410 form?

The FL-410 form requires specific information, including:

  1. The names and contact information of the parties involved.
  2. The details of the court orders that have allegedly been violated.
  3. A description of how the other party has disobeyed these orders.
  4. Any previous contempt actions taken against the citee.
  5. Requests for attorney fees and costs, if applicable.

Completing this form accurately is essential for the court to consider the contempt request.

What should I do if I cannot afford an attorney?

If an individual cannot afford an attorney, they may request that the court appoint one to represent them. It is important to communicate this need to the court as soon as possible. Additionally, legal aid organizations may provide assistance for those who qualify, ensuring that everyone has access to legal representation in contempt proceedings.

What happens after I file the FL-410 form?

After filing the FL-410 form, the court will schedule a hearing. The court clerk will provide the date and location of the hearing, which must be communicated to the citee. It is vital to serve the papers personally to the other party at least 16 court days before the hearing. Failure to do so may result in delays or dismissal of the contempt action.

Common mistakes

Filling out the Contempt FL-410 form can be a complex process, and many individuals make mistakes that can hinder their case. One common error is failing to provide complete and accurate information in the top section of the form. This includes the names, addresses, and contact information of all parties involved. Omitting or incorrectly entering this information can lead to delays or even dismissal of the case.

Another frequent mistake is neglecting to attach the required Affidavit of Facts Constituting Contempt. This affidavit is crucial as it outlines the specific reasons for the contempt claim. Without this document, the court may not have enough information to proceed, which can result in a wasted effort in filing the form.

People often overlook the importance of specifying how the citee was informed of the court order. Item 5 requires clarity on whether the citee was present in court, served with the order, or signed a stipulation. Failing to provide this detail can weaken the case, as the court needs to establish that the citee was aware of the order they allegedly disobeyed.

In addition, many individuals do not adequately describe the instances of disobedience in item 8. Each violation should be detailed, including the nature of the order, how it was violated, and any relevant dates. Insufficient information can lead to confusion and may prevent the court from fully understanding the context of the case.

Another common pitfall is not indicating prior contempt actions taken against the citee. Item 6 asks whether there have been previous requests for contempt. If this information is not provided, the court may question the credibility of the current claim, especially if there is a history of non-compliance.

Some individuals also fail to consider the implications of pursuing a contempt action. The warning included in the form states that pursuing contempt may affect the ability of the district attorney to prosecute the citee for the same violations. Ignoring this warning can lead to unintended consequences that could complicate the legal process.

Moreover, people sometimes forget to sign and date the form at the bottom. This step is essential, as a missing signature can render the entire submission invalid. Courts require a declaration under penalty of perjury to affirm the truthfulness of the information provided.

Lastly, failing to make sufficient copies of the completed form and any attachments is a common oversight. After filing, individuals should keep copies for their records and ensure that all parties, including the district attorney or local child support agency, receive the necessary documents. This ensures that all involved parties are informed and that the legal process can proceed without unnecessary delays.

Documents used along the form

The Contempt FL-410 form is often accompanied by several other documents that help clarify the situation and support the case. Each of these forms serves a specific purpose in the contempt proceedings, ensuring that all relevant information is presented to the court.

  • Affidavit of Facts Constituting Contempt (FL-411 or FL-412): This document provides detailed information about the specific orders that were allegedly disobeyed. It outlines the facts that support the claim of contempt, either related to financial obligations or domestic violence issues.
  • Order to Show Cause (OSC): This is a request to the court to require the citee to appear and explain why they should not be held in contempt. It sets the stage for the hearing and includes the necessary details about the alleged violations.
  • Proof of Personal Service (FL-330): This form confirms that the contempt papers were properly served to the citee. It must be completed by the individual who served the documents and filed with the court to ensure compliance with service requirements.
  • Income and Expense Declaration (FL-150): If the moving party is requesting attorney fees and costs, this form outlines their financial situation. It provides the court with necessary context regarding the financial implications of the contempt action.
  • Response to Order to Show Cause: The citee may file a response to contest the allegations of contempt. This document allows the citee to present their side of the story and any defenses they may have.
  • Notice of Motion: This document is used to formally notify the court and other parties involved about the motion being filed. It includes the date, time, and location of the hearing.
  • Declaration in Support of Motion: This is a written statement that supports the motion filed by the moving party. It may include additional facts or arguments that reinforce the request for contempt.
  • Judgment: If the court finds the citee in contempt, a judgment will be issued detailing the findings and any penalties or orders imposed.
  • Request for Judicial Notice: This form allows a party to ask the court to recognize certain facts or documents that are relevant to the case without requiring further proof.

Each of these documents plays a crucial role in the contempt process, ensuring that the court has all the necessary information to make an informed decision. Proper completion and submission of these forms can significantly impact the outcome of the case.

Similar forms

The FL-410 form, used for initiating contempt proceedings, shares similarities with several other legal documents. Each of these documents addresses issues related to compliance with court orders or legal obligations. Here’s a breakdown of six similar documents:

  • Affidavit of Facts Constituting Contempt (FL-411 or FL-412): This document provides the factual basis for alleging contempt. It outlines specific instances where a party has disobeyed court orders, similar to how the FL-410 form requires detailed explanations of disobedience.
  • Order to Show Cause (OSC): An OSC is a request for a court hearing to explain why a party should not be held in contempt. Like the FL-410, it compels a party to appear in court to respond to allegations of non-compliance.
  • Income and Expense Declaration (FL-150): This form is used to disclose financial information in family law cases. When requesting attorney fees in contempt proceedings, the FL-410 often requires this declaration, mirroring the need for financial transparency.
  • Proof of Personal Service (FL-330): This document confirms that court papers have been served to the appropriate party. The FL-410 requires proof of service to ensure the citee is properly notified of the contempt action, similar to the purpose of the FL-330.
  • Request for Order (RFO): An RFO is used to ask the court to make a specific order, such as enforcing a support obligation. Both the RFO and FL-410 serve as mechanisms to compel compliance with court orders.
  • Notice of Motion (Form varies by jurisdiction): This document notifies the other party of a motion being filed with the court. The FL-410 similarly informs the citee of the legal action being taken against them, emphasizing the need for awareness in legal proceedings.

Dos and Don'ts

When filling out the Contempt FL-410 form, it is essential to approach the process with care. Here are some important dos and don’ts to keep in mind:

  • Do ensure that you provide accurate information in all sections of the form.
  • Do consult an attorney if you have any questions or need assistance.
  • Do make copies of the completed form and any supporting documents for your records.
  • Do serve the papers personally to the citee, ensuring it is done at least 16 court days before the hearing.
  • Don’t attempt to serve the papers yourself; have someone else do it.
  • Don’t leave any sections of the form blank; fill in all required fields.
  • Don’t ignore the importance of deadlines; ensure you submit the form on time.

By following these guidelines, you can help ensure that your submission is complete and accurate, which is crucial for the court's consideration of your case.

Misconceptions

Misconceptions about the Contempt FL-410 Form

  • Misconception 1: The FL-410 form is only for serious offenses.

    • Many individuals believe that the contempt process is reserved for severe violations. In reality, the form can be utilized for various disobediences, including those related to child support or visitation orders. It serves as a formal request to the court to address any noncompliance.

  • Misconception 2: You cannot have an attorney represent you.

    • Some people think they must navigate the contempt process alone. However, individuals are entitled to legal representation. If financial constraints exist, the court may appoint an attorney to assist with the case.

  • Misconception 3: Filing the FL-410 guarantees a contempt finding.

    • Filing the form does not automatically mean the court will find the citee in contempt. The burden of proof lies with the petitioner to demonstrate that the citee willfully disobeyed a court order. The court will consider the evidence presented before making a determination.

  • Misconception 4: The contempt process is quick and straightforward.

    • Many individuals underestimate the complexity of contempt proceedings. These actions can be intricate and often require substantial evidence. Additionally, the process may involve multiple court appearances and detailed documentation.

Key takeaways

Filling out the Contempt FL-410 form can be a crucial step in addressing violations of court orders. Here are some key takeaways to keep in mind:

  • Understand the Nature of Contempt: A contempt proceeding is criminal in nature, which means it can lead to serious consequences like jail time or fines.
  • Seek Legal Advice: Consulting an attorney is highly recommended. If you cannot afford one, the court may appoint an attorney for you.
  • Complete the Top Section: If the top section of the form is blank, provide your name, address, and contact information before proceeding.
  • Identify the Citee: Clearly state the name of the person you believe has violated the court orders in Item 1.
  • Include Hearing Details: The court clerk will fill in the hearing date and location in Item 2. Make sure to keep this information handy.
  • Attach Supporting Documents: Be sure to attach the appropriate Affidavit of Facts Constituting Contempt (forms FL-411 or FL-412) as required.
  • Document Knowledge of Orders: In Item 5, indicate how the citee knew about the orders that were violated.
  • Record Previous Contempt Actions: If you have previously filed for contempt, provide details in Item 6, including dates and outcomes.
  • Detail Violations: Clearly describe each instance of disobedience in Item 8, including any relevant facts that support your claim.
  • File and Serve Correctly: After completing the form, make copies and serve them personally to the citee at least 16 court days before the hearing.

By keeping these points in mind, you can navigate the process of filling out and using the Contempt FL-410 form more effectively. Take your time, and ensure that all information is accurate and complete.