Contempt/Enforcement

Question 1

What do you do if you’re not getting ED?

Answer 1

File creditor/debtor suit.

Question 2

What must civil contempt have that criminal doesn’t?

Answer 2

Purge provision

Question 3

What is pneumonic for direct criminal contempt?

Answer 3

SCOPES in writing

Question 4

What are the steps for direct criminal contempt? (List)

Answer 4

SHOW CAUSE
Sign in OPEN court
Conduct in PRESENCE of court
Present EVIDENCE 
SENTENCE
Judgment IN WRITING with facts

Question 5

What’s the burden to prove DCC?

Answer 5

Preponderance

Question 6

Do you get a lawyer for criminal contempt?

Answer 6

Only if indigent (for fine) or if incarceration for more than 6 months

Question 7

What is direct criminal contempt?

Answer 7

Conduct in front of the court during court that hinders proceedings

Question 8

H cusses at judge in elevator to court. Direct criminal contempt?

Answer 8

No, not in court, proceedings not hindered.

Question 9

Judge finds direct criminal contempt. What sentence can they give?

Answer 9

Up to $500 and/or under 1 year in jail.

Question 10

When do you use indirect criminal contempt?

Answer 10

Skipping hearing
Divesting assets
Failing ot pay support

Question 11

What is burden for indirect Crim contempt?

Answer 11

Beyond Reasonable doubt (same as direct)

Question 12

Max sentence for indirect crim contempt?

Answer 12

$500, 6 mo in jail.

Question 13

Judge tells W “don’t be dramatic.” W starts yelling. Contempt?

Answer 13

No, that’s not specific enough.

Question 14

WHat’s diffefrence between civil and criminal contempt?

Answer 14

Civil = compliance
Crim = punishment

Question 15

When can you be found in indirect civil contempt?

Answer 15

When you had the ability to comply and chose not to

Question 16

H pays alimony. Stops. W files for contempt (what kind?). H sells all assets and has no cash - all transferred to his new girlfriend.

What does court do?

Answer 16

No purge, can’t hold in civil contempt b/c no ability to pay even though he did it on purpose.

Move for indirect criminal contempt

Question 17

What is required before FL can domesticate a foreign order?

Answer 17

PJ over respondent or lack of response

Question 18

To enforce a GA CS order in FL, how do you get PJ over F?

Answer 18

Tag in FL
Consents
Resided w/ kid in FL
Paid support for kid in FL
Conceived child in FL (even if not certain)
Asserted parentage in FL
Anything else.