Divorce & Annulment

questions & answers

Question: MY X HAS NOT FOLLOWED OUR DECREE. WOULD LIKE TO TAKE HIM BACK TO COURT FOR CHANGES.

Answer:

Below is information regarding civil contempt.  You can ask the court clerk for necessary forms.

Rule 92. Civil Contempt and Sanctions for Non-Compliance with a Court Order

http://www.supreme.state.az.us/rules/ramd_pdf/R-05-0008.pdf

A. Applicability. This rule governs civil contempt proceedings in all matters related to
family law cases. The use of civil contempt sanctions under this rule shall be limited to
compelling compliance with a court order or compensating a movant for losses sustained as a
result of a contemnor’s failure to comply with a court order. Contempt sanctions intended to
punish an offender or to vindicate the authority of the court are criminal in nature and not
governed by this rule. The applicability of this rule and the sanctions provided for herein shall be
in addition to those procedures and sanctions set forth for a child support arrest warrant in Title
25, A.R.S.
B. Motion and Notice. Civil contempt may be initiated by motion that recites the essential
facts alleged to be contemptuous. No civil contempt may be imposed without notice to the
alleged contemnor and without providing the alleged contemnor with an opportunity to be heard.
The civil contempt motion and order to show cause or order to appear containing the hearing
date and time must be personally served upon the alleged contemnor.
C. Order to Show Cause or Order to Appear. The order to show cause or order to appear
must specify the time and place of the hearing and must contain the following language:
FAILURE TO APPEAR AT THE HEARING MAY RESULT IN THE
COURT ISSUING A CIVIL ARREST WARRANT, OR WHERE
APPLICABLE, A CHILD SUPPORT ARREST WARRANT, FOR YOUR
ARREST. IF YOU ARE ARRESTED, YOU MAY BE HELD IN JAIL FOR
NO MORE THAN 24 HOURS BEFORE A HEARING IS HELD.
D. Hearing. The court shall make an express finding as to whether the alleged contemnor
had notice of the motion and order to show cause. The court shall determine whether movant has
established that a prior order was entered and that the alleged contemnor had notice of the prior
order and has willfully failed to comply with the order.