Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

What form do I use if I wish to file a indirect contempt of…

What form do I use...
What form do I use if I wish to file a indirect contempt of court for violations to a civil harassment restraining order I have against another party?Contra Costa County, CA
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 minute by:
6/23/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,297
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Can you help me understand your situation a bit more? An indirect contempt of court action? Can you give me some more detail?

Ask Your Own Legal Question
Customer reply replied 1 month ago
I was granted a 3 year TRO against my boyfriends ex-wife for stalking and harassment. She was sending me messages on social media as well as my family friends and colleagues. She created several fake accounts in attempt to contact me. She left numerous comments on my page.!She was copying photos from my Facebook page of my son and I and sending them to my boyfriend and making fun of our looks etc. She’s called me several vulgar names, said I have herpes, said that I was a bad influence on her kids and my son. Attempted to call me through social media. Called my boyfriend all hours of the day talking about me or demanding to speak to me. Sent numerous emails and texts to him and his mother about me. Sent explicit photos of herself comparing herself to me. She somehow obtained my home and work address and was constantly threatening to come by. My corporate security had to launch an investigation to see if there was a breech of privacy made by one of my company’s employees because she said she knew people at my work and they provided her the info.She was ordered to stay away from my son and I, our home, my car, my job, and his school.
&
Not to harass, stalk, strike, or contact me or attempt to directly or indirectly through any means.
&
The judge also hand wrote a note stating that she is not to make any internet posts about my son or I.The initial TRO before the hearing was served on 4/10/2018. Later that day she messaged one of my friends complaining to him about the contents of the my TRO because she saw that I’d informed him that I was filing against her. (She even included her message to him in her response to the order before the hearing)Then on 4/13/2018 a friend of mine sent me a screenshot from her page where she’d posted talking about me. (She has since deleted the post)On 4/17/2018 the TRO was granted for 3 years and she was served a copy on 4/25/2018 because she was not present for the ruling.On 5/7/2018 after a weekend visit with my boyfriends kids where I’d styled their hair. She had her dad send my boyfriend a text message early in the morning complaining about me styling their hair, instructing him to tell me to “quit trying to play mommy,” and stating that I had no right to style their hair.
&
Later that evening the kids were complaining that their mother took out their hair styles telling them that she doesn’t like their hair and that I used cheap products in their hair.Then on 6/11/2018 she send my boyfriend 2 text messages stating how I’m the only one that he has “fooled.”So the initial TRO was served on 4/10/2018- and she violated is on 4/10/2018 & 4/13/2018The 3year TRO was served on 4/25/2018- and she violated it on 5/7/2018 & 6/11/2018.I would like to file a contempt of court for the violations- I read that because the didn’t occur in the courtroom in the presence of the judge that they are considered “indirect.” I don’t know what form to file.

I see what you mean. In addition to contact the police if you feel as if you are being threatened, a contempt of court action is wise.

Contempt of court occurs when there has been a valid court order entered, but a party is not complying with the order in some material way. A contempt proceeding is not to be ta***** *****ghtly. It is a quasi-criminal proceeding with a formal hearing, the taking of evidence and examination of witnesses. The accused may also have the right to be appointed an attorney by the Court. Usually, the court has forms that you can use to fill out. They are going to be specific to your state or even to your county, so be sure that you ask the court clerk (typically on the 1st floor) what forms you need if you cannot find the forms on the court’s website.

The court may decide that the other party is or isn’t in violation of the court order. If they are in violation, then the court may issue fines, and in very serious cases, they will issue jail time (usually for multiple violations). The party that is requesting the motion will have to provide the facts and possibly present witnesses to prove the case, but if they can prove it, they can usually find justice in that way.

Ask Your Own Legal Question

Code of Civil Procedure section 1209 is the code section you'd reference. You should include the facts as you stated them to me, reference that law to see if there is anything else you can add, then file it.

Because I value your input, I would like to know what other questions did you have for me today that I can help out with:-)?

Ask Your Own Legal Question
Customer reply replied 1 month ago
Ok I’ll ask again at the court. The clerk I asked yesterday said that she didn’t know how I would be able to file that- as if she’d never heard of it - so I’ve been searching on line hoping to find the correct form however I’ve only been able to find contempt forms related to not paying alimony or child support for family law.Would I request a form for civil contempt or criminal contempt?

I see what you mean. Yes, see if they have a form for a civil contempt motion. If not, you can just draft it on 28-line pleading paper, reference the parties and case number, and file it in the court. Each county here is a bit different as to what forms they require; however, you can start with the attached pleading paper to get started.

Did you have any other questions for me at all today?

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,297
Experience: Licensed to practice before state and federal court
Verified
Legal Eagle and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
Thank you very much. You’ve been very helpful.

You bet!

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,297
14,297 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I have a question. I used to date someone and opened a line
I have a question. I used to date someone and opened a line of credit in my name for her dog's surgery. Her credit was bad and she could not afford to pay at the time. She promised to pay me back but … read more
Legal Eagle
Legal Eagle
Lawyer
Doctoral Degree
14,297 satisfied customers
I have a big problem ... Have MSA & divorce completed. Home
Have MSA & divorce completed. Home sale this Tuesday ... no escrow instructions resolution ... title company worn't disburse separately ... wife doesn't want restricted account on her, just me .. Do we blow the sale & go back to court?? … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
Well I just lost my federal civil case against the county of
Well I just lost my federal civil case against the county of contra costa for substantive due process and equal protection. I am looking for a appellant attorney for the Ninth Circuit who is strong in… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
I an trying to sue a public entity- Contra Cost County Sherif..I
I an trying to sue a public entity- Contra Cost County Sherif..I need to br directected to the right form or have it provided for me...I have gone with vcgcb-Government Claims… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
We have an interesting situation. My daughter is in the process
We have an interesting situation. My daughter is in the process of divorce. The family had two cars, both in the husband's name. They live in Contra Costa County, California. Early in the case the cou… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
I plan to file a small claim against a business in another
I plan to file a small claim against a business in another county. Palm Springs. My business closed. located Berkeley I live in Contra Costa County. Which Court do I file the Small Claim?… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
We have a visitation order in Contra Costa county. Neither
We have a visitation order in Contra Costa county. Neither parent lives in Contra Costa County. A temporary restraining order needs to be filed against the father of the child to investigate possible … read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I have a business judgment debtors examination coming up in
I have a business judgment debtor's examination coming up in a few days. I have moved out of California and should have to be examined in Texas where I live now. Need some help drafting a motion to va… read more
Ray
Ray
Lawyer
Doctoral Degree
33,797 satisfied customers
I have a question dealing with retraining orders. The party
I have a question dealing with retraining orders. The party that has a permanent restraining order against me filed an emergency one and had that served as well. What can I do to get rid of the second… read more
Ellen
Ellen
Lawyer, Consultant
Doctoral Degree
8,238 satisfied customers
I have a civil harassment restraining order filed against me
I have a civil harassment restraining order filed against me by a former friend under the order of stalking. While we were friends I did follow her to make sure she got home safely, but I had stopped … read more
socrateaser
socrateaser
1,031 satisfied customers
I am being harassed by the husband of a friend of mine. I owe
I am being harassed by the husband of a friend of mine. I owe $800.00 for a surf board i bought from them. I have emailed to say it is coming in two parts, i.e. $400 on 27th November, and the balance … read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
If someone is involved in a mutual verbal dispute and
If someone is involved in a mutual verbal dispute and one party files a restraining order against his neighbor, in which false statements of property damage was claimed, can a 100 yard distance cause … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
Can I get a restraining order against a person with
Can I get a CA. restraining order against a person with power in the community who has had me blackballed from being able to get county services, tells clients to call the police on me without justifi… read more
Jon
Jon
Associate Degree
182 satisfied customers
a california judge suggested that i should file a ...
a california judge suggested that i should file a restraining order against my neighbor for his continued violent and disturbing behavior toward me. How do i file the order?… read more
Walter
Walter
Just Answer Consultant
6,024 satisfied customers
I filed a restraining order against my ex boyfriend. I ...
I filed a restraining order against my ex boyfriend. I listed 5 assault type guns which I wanted him to turn in. He turned in 3 handguns only. Is he in violation? I want for law enforcement to arrest … read more
Kelly Spurlock
Kelly Spurlock
Bachelor's Degree
304 satisfied customers
If individual has a restraining order on another ...
If individual has a restraining order on another person and the individual who has taken out the restraining order contacts the person they have the restraining order on who is in violation of the ori… read more
Walter
Walter
Just Answer Consultant
6,024 satisfied customers
How do I keep wife away from house and personel ...
How do I keep wife away from house and personel assests (Accounts, pre-nup items, anything nailed down that she can sell, etc.) as fast as possible, and is it legal to change locks get security for ho… read more
Lawmoe
Lawmoe
Lawyer with 20 years of experience
Juris Doctorate
2,405 satisfied customers
Can someone reside on a property without an occupancy
Can someone reside on a property without an occupancy permit in Contra Costa County, Ca.? Can the Contra Costa Building Dept. allow this without a public posting?… read more
Medicine&amp;Law
Medicine&Law
Nurse Practitioner
1,896 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x