Motion for Order to Show Cause (Civil Contempt)

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01 ATTORNEY INFORMATION

Attorney Name *

State Bar No. *

Firm / Office Name

Address *

Phone *

Fax

02 CASE INFORMATION

Case / File No. *

County *

Court Division

Plaintiff / Movant Name *

Defendant / Respondent Name *

03 ORIGINAL ORDER BEING VIOLATED

Date of Original Order *

Type of Order *

Specific provision(s) of the order being violated *

Who is the Respondent in Contempt?

04 SPECIFIC VIOLATIONS

Describe the specific acts of noncompliance in detail *

Date of Last Known Compliance (if known)

Amount of Arrears / Monetary Loss (if applicable)

Did Movant give Respondent prior written notice of noncompliance?

Date of Written Notice to Respondent

05 RELIEF SOUGHT

Order to Show Cause requiring Respondent to appear and show cause why Respondent should not be held in civil contempt Order directing Respondent to comply with the Court's prior Order immediately Civil fine sufficient to coerce compliance — G.S. 5A-21(a)(1) Imprisonment until Respondent complies with the Order — G.S. 5A-21(a)(2) Attorney's fees and costs incurred in bringing this motion — G.S. 5A-23(a) Payment of all arrears and compensatory damages

Additional relief requested (optional)

06 SERVICE ON RESPONDENT

IMPORTANT: Under G.S. 5A-23(b), the Order to Show Cause must be served on the alleged contemnor in the manner provided in Rule 4. Personal service is typically required.

Respondent's Address for Service

Proposed Method of Service on Respondent

07 CERTIFICATE OF SERVICE (OF THIS MOTION)

Served Upon *

Date of Service *

Method of Service

SELECTED COUNTY

— Select above —

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CIVIL CONTEMPT — KEY RULES

Civil contempt under G.S. 5A-21 requires: (1) a valid court order, (2) knowledge of the order, (3) ability to comply, and (4) willful failure to comply
Civil contempt is remedial — imprisonment continues only until Respondent complies (the "key to the jail" rule)
Distinguish from criminal contempt (G.S. 5A-11) — criminal contempt is punitive, requires proof beyond reasonable doubt
Attorney's fees are recoverable under G.S. 5A-23(a)
The Order to Show Cause must be served on Respondent — personal service typically required
File an affidavit verifying the facts stated in the motion where possible

STATUTORY REFERENCE

G.S. 5A-21Civil contempt

G.S. 5A-23Enforcement of civil contempt

G.S. 5A-23(a)Attorney's fees

Rule 4 NCRCPProcess / service of summons

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