Contempt in Tacoma and the Rest of Pierce County:
When someone is not following a court order, it can be very frustrating and draining. If someone is in contempt in a Pierce County case, it is very important to follow steps below:
- Review Court Order: Before filing for contempt, carefully review the court order that the other party has allegedly violated. Ensure that the order is clear and unambiguous and that the other party’s actions constitute a violation of the order.
- Document Violation: Gather evidence documenting the other party’s violation of the court order. This may include emails, text messages, witness statements, photographs, or any other relevant evidence that supports your claim of contempt.
- Consult with an Attorney: Consider consulting with a family law attorney who can review your case and advise you on the best course of action. An attorney can help you understand the legal requirements for filing contempt and represent your interests in court.
- Draft Contempt Motion: Prepare a motion for contempt that outlines the specific facts of the violation, references the relevant court order, and requests relief from the court. Be sure to clearly state the remedy you are seeking, such as sanctions, fines, or other appropriate relief. Sanctions for a family law contempt motion can be found at https://apps.leg.wa.gov/rcw/default.aspx?cite=26.09.160.
- File Motion with the Court: File the contempt motion with the family court in the county where the original court order was issued. Be sure to follow the court’s filing procedures, including paying any required filing fees or requesting a fee waiver if applicable.
- Schedule a Hearing: Once the contempt motion is filed and served, the court will schedule a hearing to consider the matter. Both parties will be required to attend the hearing, where they can present their arguments and evidence to the judge.
- Serve the Other Party: Serve a copy of the contempt motion and any supporting documents on the other party according to the rules of service in Washington State. You will also need to serve a summons called “Order to Go to Court for Contempt Hearing (Order to Show Cause)” with the date, time, and room of the Contempt hearing. Proper service ensures that the other party is notified of the contempt proceedings and has an opportunity to respond.
- Attend Hearing: Attend the scheduled contempt hearing and present your case to the judge. Be prepared to provide evidence supporting your claim of contempt and to respond to any arguments raised by the other party.
- Obtain Court Order: After considering the evidence and arguments presented at the hearing, the judge will issue a court order ruling on the contempt motion. The court may impose sanctions or other remedies if it finds that the other party is in contempt of the court order. Sanctions for contempt of a court order can include fines, attorney’s fees, and costs, which may be imposed to penalize the non-compliant party and compensate the innocent party for expenses incurred. Additionally, compensatory damages may be awarded to address any losses suffered due to the contemptuous behavior. In cases involving violations of parenting plans or custody orders, sanctions may include make-up parenting time or modifications to custody or visitation arrangements. In extreme situations, jail time may be imposed as a last resort to compel compliance with court orders. The specific sanctions imposed vary depending on the severity of the violation and the discretion of the court.
It’s important to note that the process for filing contempt may vary depending on the specific circumstances of your case and the local rules of the court. If you’re unsure about the process or need legal guidance, consider seeking assistance from a qualified attorney familiar with family law matters in Washington State.
