ORDER TO SHOW CAUSE FOR CONTEMPT

Court Information

Court Name: [________________________________]

Case Number: [________________________________]

Division/Department: [________________________________]

Caption

IN THE [________________] COURT OF [________________]

ORDER TO SHOW CAUSE RE: CONTEMPT

TO: [________________________________] ("Respondent")

Address: [________________________________]

City, State, ZIP: [________________________________]

THE COURT ORDERS AS FOLLOWS:

YOU ARE HEREBY ORDERED to appear before this Court and show cause, if any you have, why you should not be held in contempt of court for your failure to comply with this Court's Order dated [__/__/____].

I. HEARING INFORMATION

II. NATURE OF ALLEGED CONTEMPT

The Court has reviewed the Motion for Order to Show Cause filed by [________________________________] ("Moving Party") and the supporting documents. Based on this review, the Court finds that there is sufficient basis to require Respondent to appear and show cause why Respondent should not be held in contempt.

A. The Subject Order

On [__/__/____], this Court entered an Order (the "Subject Order") which required Respondent to:

☐ Pay the sum of $[________] to [________________________________] by [__/__/____]

☐ Deliver the following property to [________________________________]: [________________________________]

☐ Perform the following act(s): [________________________________]

☐ Refrain from the following conduct: [________________________________]

☐ Comply with the following terms: [________________________________]

☐ Other: [________________________________]

B. Alleged Violations

The Moving Party alleges that Respondent has violated the Subject Order in the following manner(s):

1. [________________________________]

2. [________________________________]

3. [________________________________]

III. RESPONDENT'S OBLIGATIONS

A. Appearance Required

YOU MUST APPEAR at the hearing identified above. Failure to appear may result in:

☐ A bench warrant being issued for your arrest

☐ The Court proceeding in your absence and entering a contempt finding

☐ Additional sanctions being imposed

☐ Other consequences: [________________________________]

B. Right to Counsel

You have the right to be represented by an attorney at this hearing. If you cannot afford an attorney and face the possibility of incarceration:

☐ You may be entitled to court-appointed counsel

☐ Contact the court at [________________________________] to request appointment of counsel

C. Response Requirements

You ☐ are required / ☐ may elect to file a written response to the contempt allegations:

Response Due Date: [__/__/____] (at least [____] days before the hearing)

Your response should include:

☐ Your position on the alleged contempt

☐ Any defenses you wish to raise

☐ Evidence of compliance or attempted compliance

☐ Evidence of inability to comply, if applicable

☐ Any other information relevant to the allegations

IV. MATTERS TO BE ADDRESSED AT HEARING

At the hearing, the Court will determine:

1. Whether the Subject Order was valid and enforceable;

2. Whether Respondent had knowledge of the Subject Order;

3. Whether Respondent had the ability to comply with the Subject Order;

4. Whether Respondent willfully failed to comply with the Subject Order;

5. If contempt is found, the appropriate sanctions to be imposed;

6. Whether Respondent should be given an opportunity to purge the contempt; and

7. Any other matters the Court deems relevant.

V. POTENTIAL CONSEQUENCES

If the Court finds Respondent in civil contempt, the following sanctions may be imposed:

A. Coercive Sanctions

☐ Imprisonment until compliance with the Subject Order

☐ Daily fines until compliance

☐ Other coercive measures to compel compliance

B. Compensatory Sanctions

☐ Payment of actual damages to the Moving Party

☐ Payment of the Moving Party's attorney's fees and costs

☐ Other compensatory relief

C. Purge Conditions

The Court may establish conditions under which Respondent may purge the contempt finding.

VI. DOCUMENTS TO BRING TO HEARING

Respondent should bring to the hearing:

☐ Any documents showing compliance with the Subject Order

☐ Any documents showing attempts to comply

☐ Financial records (if financial ability is at issue)

☐ Any communications with the Moving Party regarding compliance

☐ Any documents supporting defenses to the contempt allegation

☐ A list of witnesses you wish to call

☐ Any other relevant documents

VII. SERVICE INSTRUCTIONS

This Order to Show Cause, together with all supporting documents, must be served upon Respondent in the following manner:

☐ Personal Service - Required

☐ Substituted Service - As authorized by [________________________________]

☐ Service by Mail - Certified Mail, Return Receipt Requested

☐ Other: [________________________________]

Service Deadline: This Order must be served at least [____] days before the hearing date.

VIII. STAY/INTERIM ORDERS

Pending the hearing on this Order to Show Cause, the Court orders:

☐ The Subject Order remains in full force and effect

☐ The following interim relief is granted: [________________________________]

☐ No additional orders at this time

IT IS SO ORDERED.

Date: [__/__/____]

___________________________________

Hon. [________________________________]

Judge of the [________________________________] Court

MOVING PARTY INFORMATION

Filed by:

Name: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Attorney for Moving Party (if applicable):

Name: [________________________________]

Bar Number: [________________________________]

Firm Name: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

PROOF OF SERVICE

Certificate of Service

I, [________________________________], declare:

I am over the age of 18 years and not a party to this action. On [__/__/____], I served the Order to Show Cause for Contempt and all supporting documents on Respondent as follows:

Method of Service:

☐ Personal Service: I personally delivered the documents to Respondent at:
Address: [________________________________]
Date: [__/__/____]
Time: [____:____] ☐ a.m. ☐ p.m.

☐ Substituted Service: I left the documents with [________________________________] (name), a person of suitable age and discretion, at Respondent's:
☐ dwelling house ☐ usual place of abode ☐ usual place of business
Address: [________________________________]
AND mailed copies to Respondent at the same address on [__/__/____]

☐ Certified Mail: I deposited the documents in the United States mail, certified mail, return receipt requested, addressed to:
[________________________________]
[________________________________]
[________________________________]

☐ Other Method: [________________________________]

I declare under penalty of perjury under the laws of [________________________________] that the foregoing is true and correct.

Executed on [__/__/____] at [________________________________].

Signature: ___________________________________

Printed Name: [________________________________]

Address: [________________________________]

RESPONDENT'S ACKNOWLEDGMENT (Optional)

I, [________________________________], acknowledge receipt of this Order to Show Cause for Contempt on [__/__/____].

I understand that I am required to appear at the hearing scheduled for [__/__/____] at [____:____] ☐ a.m. ☐ p.m.

I understand that failure to appear may result in a warrant being issued for my arrest and/or the Court proceeding in my absence.

Signature: ___________________________________

Date: [__/__/____]

Jurisdiction-Specific Notes

Federal Courts: Order to Show Cause procedures in federal court are governed by local rules and the court's inherent authority.

California: See California Code of Civil Procedure Section 1211 and California Rules of Court regarding contempt procedures.

Texas: See Texas Government Code Section 21.002 and local rules regarding orders to show cause.

Florida: See Florida Family Law Rule of Procedure 12.615 for family law contempt matters.

New York: See CPLR Section 756 and Judiciary Law Section 756 for show cause procedures.

Sources and References

• Order to Show Cause - Wikipedia
• California Form FL-410
• Indiana Contempt Procedure Benchcard