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Responding to a Motion for Contempt: Family Law Cases

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Responding to a Motion for Contempt: Family Law Cases 3110EN | September 2021 www.WashingtonLawHelp.org Respond to a Motion for Contempt: Family Law Cases Forms and Instructions 3110EN | September 2021 www.WashingtonLawHelp.org Table of Contents: Important Info .......................................................................................... 1 A. Should I use this? ........................................................................................... 1 B. You may have a right to a free lawyer ............................................................. 1 C. You must respond on time! ............................................................................. 2 D. What if I have questions that this packet does not answer? ........................... 2 Words and Expressions You Should Know .......................................... 3 Preparing and Filing Your Response .................................................... 5 Forms in this Packet ............................................................................... 8 What Else Will I Need That is not in This Packet? ................................ 9 Getting Ready To Respond .................................................................. 11 A. Figure out How Much Time You Have to respond and if the Motion is filed in the Right Place ............................................................................................. 11 B. Read the Papers Given to You ..................................................................... 12 C. Gather Your Evidence ................................................................................... 13 General Instructions .............................................................................. 15 How to Fill out Each Form ..................................................................... 21 A. Declaration – FL All Family 135 .................................................................... 21 B. Notice of Appearance - FL All Family 118 ..................................................... 23 C. Confidential Information Form and Attachment - FL All Family 012 .............. 23 Forms You May Need (in This Packet): ............................................... 26 A. Financial Declaration (for motions involving financial issues) - FL All Family 131 ............................................................................................................... 26 B. Sealed Confidential Reports (Cover Sheet) – FL All Family 013................... 27 C. Sealed Financial Source Documents – FL All Family 011 ............................ 28 D. Sealed Personal Health Care Records (Cover Sheet) – FL All Family 012 .. 28 E. Response to Petition for Contempt (for cases filed by the State of Washington) - Non-Mandatory Form ............................................................ 29 F. Order after Contempt Hearing – FL All Family 167 ....................................... 30 Filing and Serving Your Declaration and Other Forms .................... 33 Table of Contents | Page 1 3110EN | September 2021 www.WashingtonLawHelp.org A. Getting Ready to File and Serve ................................................................... 33 B. Checklist For Organizing Your Forms ........................................................... 34 C. Service or “Giving Notice” to the Other Party ................................................ 35 D. Instructions for Proof of Mailing or Hand Delivery - FL All Family 112 .......... 36 E. Filing your papers in court. ............................................................................ 36 Getting Ready for Your Hearing ......................................................... 37 A. Judge's Working Papers/Confirmation .......................................................... 37 B. Responding to the Other Party’s Reply ......................................................... 37 C. Going to the Hearing ..................................................................................... 37 D. If You Disagree with the Court’s Order ......................................................... 39 Blank Forms ......................................................................................... 40 This publication provides general information concerning your rights and responsibilities. It is not intended as a substitute for specific legal advice. © 2021 Northwest Justice Project — 1-888-201-1014. (Permission for copying and distribution granted to the Alliance for Equal Justice and to individuals for non- commercial purposes only.) Table of Contents | Page 2 3110EN | September 2021 www.WashingtonLawHelp.org Important Info A. Should I use this? This will help if you have been served with a Motion or Petition for Contempt for violating a temporary or permanent parenting plan, a child support order, or other family law order. Before using this packet, make sure it is right for you. The court papers delivered to you should include an Order to Go to Court for Contempt Hearing. B. You may have a right to a free lawyer In some cases, you can go to jail for contempt. If you are served with a motion or petition for contempt and you have a low income, you may have a “right to counsel” – a lawyer that you do not have to pay.1 Some counties provide lawyers for all low-income people responding to a contempt motion. Others only do if the motion asks for jail time. To find out if you qualify for a public defender or court-appointed attorney, contact your local public defender office. Check the list at www.opd.wa.gov/index.php/public-defender-offices. If there is no local public defender, ask your court clerk or Family Law Facilitator for a referral. In most cases, the public defender will represent you only for the contempt hearing. The public defender will not help you file your own motion or other action (such as a petition to modify child support order). Even if you do not qualify for a public defender, try to talk with a lawyer They can advise you about important legal rights. Example: You might want to file your own motion for contempt or ask for a change in the order the other party claims you have violated. A lawyer can advise you what to do. WARNING: You may also have been served with other documents, such as a motion or petition to modify. Read everything you were served with. This packet only covers contempt motions. Read Contempt of Court in Family Law Cases - The Basics for an overview of the law of contempt, and the defenses to contempt. 1 Tetro v. Tetro, 86 Wn.2d 252, 254-55, 544 P.2d 17 (1975); In re Marriage of Wulfsberg, 42 Wn. App. 627, 713 P.2d 132 (1986). Responding to a Motion for Contempt | Page 1 3110EN | September 2021 www.WashingtonLawHelp.org C. You must respond on time! When served with legal papers, you must quickly figure out how to respond. In many cases, if you do not respond on time, the other party will automatically win what they are asking for. The court might also issue a bench warrant for arrest if you do not go to the contempt hearing. For a contempt motion, you may have only a few days after you get the papers to file your response and to go to the hearing. If you cannot respond in time, file a Notice of Appearance and ask for a continuance (explained below). If you do not get a continuance, be as ready as possible for the hearing on the scheduled day. D. What if I have questions that this packet does not answer? Talk to a lawyer familiar with family law before filing anything with the court. Some counties have family law facilitators who can help fill out forms or free legal clinics where you can get legal advice about your case. Do you live in King County? Call 211 weekdays 8:00 a.m. - 6:00 p.m. From a pay or public phone, call 1-800-621-4636. They will refer you to the appropriate legal aid provider. Apply online with CLEAR*Online - nwjustice.org/get-legal-help Call the CLEAR Legal Hotline at 1-888-201-1014. Responding to a Motion for Contempt | Page 2 3110EN | September 2021 www.WashingtonLawHelp.org Words and Expressions You Should Know Attachment: A document stapled to a court form and referred to in the form. Attachments should follow the format rules for court forms. (See this packet’s General Instructions for more about format rules.) Bailiff: Member of the judge’s staff in charge of courtroom procedure and security. Can be the same person as the clerk. Calendar: The court’s schedule of cases it will hear. Also called a Docket. Caption: each legal document’s legal heading. It has the court and parties’ names, case number, name of the document itself, and sometimes, the type of case. Certified Copy: A copy of a document from the court file made by the court clerk. It has an official stamp on it stating it is a true copy. Usually, you must pay for a certified copy. Confirm a Hearing: Notifying the court that you still plan to have the hearing scheduled in your case. How to confirm varies by county. Not all counties require it. Often you must call the court a few days before the hearing. Local rules explain each county’s requirements. If notice is required and you do not give it, the court may cancel the hearing. Conformed Copy: A copy of any court document filed with the clerk. It is stamped with the date filed. If it is an order, it must also have the name of the judge who signed it written or stamped on it. Continuance: Delaying your court hearing to a later date. In some counties, the judge must approve any request for a continuance. Declaration: A written statement made to the court under oath. Docket: The court’s schedule of cases it will hear on a particular day. Exhibit: Documents,
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