How to file a Motion for Contempt in North Carolina

Welcome to the North Carolina Divorce Legal Issues Forum. Please post your topics and questions for discussion. Our attorneys WILL RESPOND to the posted issues. It may take several days for a response to be posted by our attorneys.

Moderators: LeeRosen, Kathleen Putiri, Erin Clarey, Lindsay Willis, Ryan Short

How to file a Motion for Contempt in North Carolina

Postby jwsmith1979 » Mon Sep 20, 2010 2:42 pm

Hi, I am having problems with the my ex whom is the custodial parent of my 10 year old son. She has been interfering with my visitations that are court ordered and just last weekend she decided to stop bringing him to the drop off point. I called her while I was at the drop off point waiting for her and was told that she was having dinner and would not be bringing my son, at which point she hung up on me and will not allow me to speak with my son. I honestly don't know what she is doing this for other than she has been progressively more difficult to deal with since I got married and had another child. My question is this: How do I file a motion for contempt against her in the state of North Carolina? I tried to call the police and they told me that they cannot file an incident report and the Magistrate could not help me due to the civil nature of this situation. I can't believe that this is so hard to do considering that she is in direct violation of a judges court order. Can you please help me?
Jason
jwsmith1979
 
Posts: 3
Joined: Mon Sep 20, 2010 2:31 pm

Re: How to file a Motion for Contempt in North Carolina

Postby Erin Clarey » Mon Sep 20, 2010 7:41 pm

You need to file a motion for contempt with the court that issued the order. The motion should outline your version of how the order was violated. You need to send a copy to your ex along with what is called the “order to appear” that the clerk will issue when you file the motion. The order to appear will have a court date in which you will be able to be heard by the judge.
Erin E. Clarey
Attorney with Rosen Law Firm

Ballantyne • Cary • Chapel Hill • Charlotte • Durham • Raleigh • Matthews • Pineville

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

ROSEN.COM

We aim to be your best option for finding a Raleigh divorce lawyer, Charlotte divorce lawyer, or Durham divorce lawyer

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Erin Clarey
 
Posts: 7662
Joined: Mon Dec 08, 2008 8:50 am
Location: Attorney with the Rosen Law Firm

Re: How to file a Motion for Contempt in North Carolina

Postby jwsmith1979 » Mon Sep 20, 2010 8:39 pm

The clerk of courts said that they do not have forms to file for contempt...so how do I file for contempt with no forms? The clerk said I'd have to write my own motion for contempt...is this true? Thank you
jwsmith1979
 
Posts: 3
Joined: Mon Sep 20, 2010 2:31 pm

Re: How to file a Motion for Contempt in North Carolina

Postby Erin Clarey » Tue Sep 21, 2010 7:02 am

Yes, there is no form.
Erin E. Clarey
Attorney with Rosen Law Firm

Ballantyne • Cary • Chapel Hill • Charlotte • Durham • Raleigh • Matthews • Pineville

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

ROSEN.COM

We aim to be your best option for finding a Raleigh divorce lawyer, Charlotte divorce lawyer, or Durham divorce lawyer

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Erin Clarey
 
Posts: 7662
Joined: Mon Dec 08, 2008 8:50 am
Location: Attorney with the Rosen Law Firm

Re: How to file a Motion for Contempt in North Carolina

Postby jwsmith1979 » Tue Sep 21, 2010 8:01 am

Ok, so there is no form to fill out to file a motion for contempt. How would an individual go about writing up a motion for contempt?
I don't want to write something up that won't work in court or that doesn't follow procedure. Thank you
jwsmith1979
 
Posts: 3
Joined: Mon Sep 20, 2010 2:31 pm

Re: How to file a Motion for Contempt in North Carolina

Postby Erin Clarey » Tue Sep 21, 2010 8:19 am

A motion will have the case caption on the top, and your allegations regarding the other party’s misconduct below.

There are sample motions that can be accessed as part of our DIY service. See the side bar for more information.
Erin E. Clarey
Attorney with Rosen Law Firm

Ballantyne • Cary • Chapel Hill • Charlotte • Durham • Raleigh • Matthews • Pineville

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

ROSEN.COM

We aim to be your best option for finding a Raleigh divorce lawyer, Charlotte divorce lawyer, or Durham divorce lawyer

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Erin Clarey
 
Posts: 7662
Joined: Mon Dec 08, 2008 8:50 am
Location: Attorney with the Rosen Law Firm


Return to Legal Issues - ATTORNEYS WILL RESPOND

Who is online

Users browsing this forum: No registered users and 2 guests