Homepage Blank Contempt Of Court Indiana Form
Outline

The Contempt of Court Indiana form is a crucial legal tool for individuals seeking to address violations of their Parenting Time rights. This form is specifically designed for those who have a court order granting them Parenting Time, previously known as visitation, and have experienced violations of that order by the custodial parent. The process begins with a verified motion that outlines the details of the alleged contempt, requiring the completion of three essential forms: the Appearance form, the Verified Motion for Contempt Regarding Parenting Time, and the Order to Appear and Notice of Hearing. Each form serves a distinct purpose and must be filled out carefully, as inaccuracies can affect the outcome of the case. The instructions provided with the forms guide users through the necessary steps to ensure compliance with court procedures. It is vital to remember that while self-representation is an option, consulting with a lawyer is highly recommended to navigate the complexities of the legal system effectively. This form not only facilitates the enforcement of parenting rights but also emphasizes the importance of adhering to court orders for the well-being of children involved.

Sample - Contempt Of Court Indiana Form

VERIFIED MOTION FOR CONTEMPT
REGARDING PARENTING TIME (VISITATION)
General Instructions
----------------------------------------------------------------
PLEASE READ FIRST: It is very important for you to know that when you sign a Court
document, you may be helping or hurting your case. Before you sign any Court document
or get involved with a Court case, it is important that you see a lawyer to make sure you
are doing the right thing. Although there are risks in self-representation, should you
choose to represent yourself you must be prepared. Although these forms have been
prepared to help you represent yourself, you should know that certain Courts have their
own procedures and may not accept every form. You may represent yourself in court, but
you will have to abide by the appropriate court rules, Indiana Rules of Evidence, Indiana
Rules of Trial Procedure, and any local rules. For additional information, you may refer to
the Indiana Self-Service Legal Center which can be found at
www.in.gov/judiciary/selfservice/index.html
. For legal advice about your case, you should
contact a lawyer.
Please keep in mind that the term “Parenting Time” has replaced the term “Visitation” in
Indiana Child Custody Law. You can find a copy of the new Parenting Time Guidelines at
http://www.state.in.us/judiciary/research/Ord-vis2.pdf.
----------------------------------------------------------------
Step 1: Who should use this packet
You should use these forms if:
1. You have a Court order giving you Parenting Time (Visitation) rights over your
child(ren),
2. The custodial parent has violated your Parenting Time (Visitation) rights, and
3. You would like the Court to hold the other party in contempt for violating your
Parenting Time (Visitation) rights.
Step 2: What this packet contains
This packet contains forms for you to fill out and take to the Court. There are three forms in this
packet. This packet also contains instructions.
Step 3: Which forms to fill out
You must fill out all three forms.
1. Appearance form
2. Verified Motion for Contempt Regarding Parenting Time (Visitation)
3. Order to Appear and Notice of Hearing
Step 4: How to File These Forms
1. Follow the instructions attached to each form to fill it out. You will need to look at a copy
of your Court Parenting Time (Visitation) Order to answer questions on these forms. You
will need to type or print
neatly in black ink. Do not write on the back or sides of the
forms, write only in the blanks provided.
2. Before filing these forms, check with your local Clerk to find out the number of copies
you must provide and to find out the Clerk procedure for advising the other party of the
hearing date.
3. Prepare the required number of copies of the forms that you have filled out.
4. Take the forms and copies to the Clerk in the Court where the action was originally filed.
The Clerk will file stamp the forms, keep the originals and necessary copies, and hand
back the rest of the copies to you.
5. Leave two stamped envelopes with the Clerk, one with your address and one with the
other side’s address, for mailing the Notice of Hearing. This will tell you when your court
date is scheduled.
6. Mail one stamped copy of each form that you filed to the opposing attorney, or the
opposing party if the opposing party is not represented by an attorney.
7. You must comply with your local court rules with regard to service of process. The
Notice of Hearing form found in this packet might not satisfy your local rules. For
example, you might have to fill out a summons to serve the other side.
8. Please be aware that any protective orders or restraining orders remain in effect
throughout this process.
9. We suggest that you review Indiana Custody and Parenting Time (Visitation) Rights in
Family Law, Title 31, Article 17 of the Indiana Code to prepare yourself for court. This
can be located at
http://www.in.gov/legislative/ic/code/title31/ar17/
.
STAD 6/12/02
Instructions for filling out the Appearance (Form #1)
The instructions below correspond to the line numbers on the forms. Check the box in the first
column as you complete each line.
Line # Instructions
1 3 Look at the Court papers you have from this case. Copy the title as it
appears on those court papers.
5 If you were married to your child(ren)’s other parent, print “Marriage” in
the first blank. If you were not married to your child(ren)’s other parent,
print “Paternity” in the first blank and print the names of the child(ren)
you and the other parent have together in the second blank.
7 Print the full name of the Petitioner as it appears on your Court papers.
12 Print the full name of the Respondent as it appears on your Court papers.
18 In the first blank, print whether you are the Petitioner or Respondent as it
appears on the Court papers you have from this case. In the second blank,
print your complete name.
22 & 23 Print the names and social security numbers of all family members
involved in this case.
24 Print the number of children involved in this case.
25 Check "Yes" or "No" depending on whether there are other Court cases
involving yourself, the other party, and/or your child(ren).
26 For each case, you should describe what kind of case it is, name the Court
that the case is in, and give the case number of the case.
27 Sign your name.
29 Print your name.
31 Print your complete mailing address.
33 Print your town, state, and zip code.
35 Print your telephone number, with area code.
Instructions for filling out the Verified Motion
for Contempt Regarding Parenting Time (Visitation) (Form #2)
The instructions below correspond to the line numbers on the forms. Check the box in the first
column as you complete each line.
Line # Instructions
1 3 Look at the Court papers you have from this case. Copy the title as it
appears on those court papers.
5 If you were married to your child(ren)’s other parent, print “Marriage” in
the first blank. If you were not married to your child(ren)’s other parent,
print “Paternity” in the first blank and print the names of the child(ren)
you and the other parent have together in the second blank.
7 & 8 Print the full name of the Petitioner as it appears on your Court papers
along with their home address.
11 & 12 Print the full name of the Respondent as it appears on your Court papers
along with their home address.
17 Print your full name in this blank.
19 Print the number of minor children that you and the other party have
together.
22 – 25 Print the name and date of birth of each of those children in these blanks.
27 Fill in the first blank by printing the date the current Parenting Time
(Visitation) order was issued. Make sure to attach a copy of the current
Parenting Time (Visitation) order to this Motion. Title it by writing
“Exhibit A” at the top center of the first page of the Order.
30 Print the name of the custodial parent.
32 Print your name since you are the parent who was granted Parenting Time
(Visitation) rights.
34 Print the name of the custodial parent since they have violated your
Parenting Time (Visitation) rights.
36 & 38
On these two lines, state how the other side has violated your Parenting
Time (Visitation) rights. Be brief and specific! State dates, times, and
locations.
42 Print your name in this blank.
48 Sign your name.
51 Print your name.
53 Print your complete mailing address.
STAD 6/12/02
55 Print your town, state, and zip code.
57 Print your telephone number, with area code.
64 Print the date that you will send the stamped copy of your forms to the
opposing party or their attorney. This should be the same day you filed
your documents with the Court.
66 Sign your name to acknowledge that you sent the stamped copy of your
forms to the opposing party or their attorney.
68 Print your full name to acknowledge that you sent the stamped copy of
your forms to the opposing party or their attorney.
Instructions for filling out the Order to Appear and Notice of Hearing (Form #3)
The instructions below correspond to the line numbers on the forms. Check the box in the first
column as you complete each line.
Line # Instructions
1 - 3 Look at the court papers you have from this case. Copy the title as it
appears on those court papers.
5 If you were married to your child(ren)’s other parent, print “Marriage” in
the first blank. If you were not married to your child(ren)’s other parent,
print “Paternity” in the first blank and print the names of the child(ren)
you and the other parent have together in the second blank.
7 & 8 Print the full name of the Petitioner as it appears on your Court papers
along with the Petitioner’s home address.
11 & 12 Print the full name of the Respondent as it appears on your Court papers
along with the Respondent’s home address.
17 - 19
Print the name and home address of the other side.
26 Print the full name of the other side. Next, circle “lives” if you want the
other side given these papers at their house and you will provide this
address in line 28, or circle “works” if you want the other side given these
papers at their place of employment and you will provide this address in
line 28.
28 Print the address you are providing for the other side where you want them
to be given these papers.
30 Print the name of the Court in the first blank. Print the address where the
Court is located in the second blank. Print the city or town where the Court
is located in the third blank. Call the Court to make sure you have the
correct information.
32 - 105 Leave these lines blank. If you are granted a hearing in this matter, the
Court will fill in these blanks.

Form Information

Fact Name Details
Purpose of the Form This form is used to request the court to hold a custodial parent in contempt for violating parenting time rights.
Governing Laws The form is governed by Indiana Rules of Evidence, Indiana Rules of Trial Procedure, and Indiana Child Custody Law.
Required Forms Users must complete three forms: the Appearance form, the Verified Motion for Contempt, and the Order to Appear and Notice of Hearing.
Self-Representation While individuals can represent themselves in court, it is strongly advised to consult a lawyer to ensure proper procedures are followed.

Detailed Guide for Filling Out Contempt Of Court Indiana

Filling out the Contempt of Court form in Indiana requires careful attention to detail. Each step must be followed precisely to ensure that the form is completed correctly. After submitting the forms, the court will review them, and a hearing will be scheduled to address the issues raised.

  1. Identify if you are eligible to use this packet. You should have a court order granting you parenting time rights, the custodial parent must have violated those rights, and you want the court to hold them in contempt.
  2. Gather the necessary forms included in the packet: the Appearance form, the Verified Motion for Contempt Regarding Parenting Time, and the Order to Appear and Notice of Hearing.
  3. Fill out the Appearance form. Begin by copying the title from your court papers. Indicate whether your case involves “Marriage” or “Paternity” and provide the names of the children involved.
  4. Provide the full names and addresses of both the Petitioner and Respondent as they appear in your court documents. Include your complete mailing address and contact information.
  5. Complete the Verified Motion for Contempt Regarding Parenting Time form. Again, copy the title from your court papers and specify whether it involves “Marriage” or “Paternity.”
  6. List the full names and addresses of both parties involved. Indicate the number of minor children and their names along with their dates of birth.
  7. Attach a copy of the current Parenting Time order, labeling it “Exhibit A.” Detail how the other party has violated your parenting time rights, providing specific dates, times, and locations.
  8. Sign and date the Verified Motion for Contempt form, ensuring your name and contact information are clearly printed.
  9. Complete the Order to Appear and Notice of Hearing form. Copy the title from your court documents and indicate whether the case involves “Marriage” or “Paternity.”
  10. Fill in the names and addresses of both parties and indicate how you wish to serve the other party (at home or work).
  11. Provide the court's name and address. Leave any remaining lines blank for the court to fill in later.
  12. Before filing, check with your local Clerk for the number of copies needed and the procedure for notifying the other party of the hearing date.
  13. Make copies of all completed forms and take them to the Clerk of the Court where the original action was filed. The Clerk will file stamp the documents and return the copies to you.
  14. Provide two stamped envelopes to the Clerk: one for you and one for the other party. This will ensure that the Notice of Hearing is mailed appropriately.
  15. Mail a stamped copy of each form to the opposing party or their attorney, ensuring compliance with local court rules regarding service of process.
  16. Review Indiana Custody and Parenting Time Rights to prepare for your upcoming court date.

Obtain Answers on Contempt Of Court Indiana

  1. What is the purpose of the Verified Motion for Contempt Regarding Parenting Time?

    This form is used when a parent believes that the other parent has violated a court order regarding parenting time (formerly known as visitation). By filing this motion, you are asking the court to hold the other parent in contempt for not following the order.

  2. Who should use this form?

    Use this form if you have a court order that grants you parenting time rights, the custodial parent has violated those rights, and you want the court to take action against the other party.

  3. What forms are included in this packet?

    The packet includes three forms:

    • Appearance form
    • Verified Motion for Contempt Regarding Parenting Time
    • Order to Appear and Notice of Hearing
  4. How do I fill out these forms?

    Carefully follow the instructions provided with each form. Make sure to refer to your existing court order for accurate information. Fill out the forms in black ink, and only write in the designated areas.

  5. How do I file these forms with the court?

    Take the completed forms to the Clerk of the Court where your case was originally filed. You will need to provide the required number of copies and stamped envelopes for mailing the Notice of Hearing. The Clerk will file the documents and return copies to you.

  6. What should I do if I need to notify the other party about the hearing?

    You must mail a stamped copy of each filed form to the opposing party or their attorney. Ensure that you comply with local court rules regarding service of process.

  7. What if there are protective orders in place?

    If there are any protective or restraining orders, they will remain in effect during this process. It is essential to follow those orders while pursuing your motion.

  8. Is it necessary to have a lawyer?

    While you can represent yourself, it is highly recommended to consult with a lawyer. They can provide guidance and help you understand the implications of your actions in court.

  9. Where can I find additional resources?

    You can visit the Indiana Self-Service Legal Center at www.in.gov/judiciary/selfservice/index.html for more information and resources regarding family law and court procedures.

Common mistakes

Filling out the Contempt of Court Indiana form can be a daunting task, and many people inadvertently make mistakes that can affect their case. One common error is failing to read the instructions thoroughly. Each line on the form has specific requirements, and overlooking any of them can lead to incomplete or incorrect submissions. It's crucial to take the time to understand what is being asked before putting pen to paper.

Another frequent mistake is not providing accurate information. For instance, when asked for names or addresses, some individuals may write down incorrect details. This can lead to confusion and delays in the legal process. Always double-check your entries against official court documents to ensure everything matches perfectly.

Many people also neglect to attach necessary documents. For example, when filling out the Verified Motion for Contempt, you must include a copy of the current Parenting Time order. Failing to do so can result in the court rejecting your motion outright. Always remember to gather all supporting documents before submitting your forms.

Writing illegibly is another common pitfall. The instructions clearly state that you should type or print neatly in black ink. If the court cannot read your handwriting, it may lead to misunderstandings or even dismissals of your case. Take your time to write clearly, or consider typing your responses if possible.

Some individuals forget to sign their forms. A signature is essential to validate the documents you are submitting. Without it, the court may consider your forms incomplete. Always check that you've signed where required before turning in your paperwork.

Misunderstanding the difference between "Petitioner" and "Respondent" can also cause issues. Many people confuse these terms, which can lead to filling out the forms incorrectly. Make sure you know your role in the case and fill out the forms accordingly.

Another mistake is not keeping copies of the submitted forms. After filing, it’s wise to retain copies for your records. This can be helpful if you need to reference what you submitted later on. Keeping organized records can save you time and stress down the line.

Not checking local court rules is a significant oversight. Each court may have its own specific procedures, and failing to adhere to these can result in delays or rejections. Always consult with your local Clerk to understand any unique requirements before filing your forms.

Lastly, people often underestimate the importance of deadlines. Courts operate on strict timelines, and missing a deadline can jeopardize your case. Mark important dates on your calendar and set reminders to ensure you stay on track.

By being aware of these common mistakes, you can better prepare yourself for filling out the Contempt of Court Indiana form. Taking the time to carefully complete each section, double-check your information, and adhere to court rules will significantly enhance your chances of a successful outcome.

Documents used along the form

When dealing with a Contempt of Court case in Indiana, several other forms and documents may be necessary to support your motion. Below is a list of key documents that are often used alongside the Verified Motion for Contempt Regarding Parenting Time (Visitation) form.

  • Appearance Form: This form notifies the court of your participation in the case. It includes basic information about you, the other party, and the case itself.
  • Order to Appear and Notice of Hearing: This document informs both parties of the court date and time. It ensures that everyone involved is aware of the proceedings.
  • Parenting Time Order: This is the original court order that outlines your rights to parenting time. A copy must be attached to your motion to provide context for the contempt claim.
  • Proof of Service: This form demonstrates that the opposing party has been properly notified about the motion and hearing. It is essential for ensuring due process.
  • Affidavit of Service: This document provides a sworn statement that the other party received the notice of the hearing. It serves as evidence of compliance with service requirements.
  • Motion for Modification of Parenting Time: If ongoing issues arise, this motion can request changes to the existing parenting time order. It can be filed separately or in conjunction with a contempt motion.
  • Response to Motion for Contempt: The opposing party may file this document to address the allegations made against them. It is important to understand their perspective in the case.
  • Exhibits: Any relevant evidence, such as emails, text messages, or documents, can be attached as exhibits. These provide support for your claims and clarify the situation.

Understanding these documents can help you navigate the court process more effectively. Always consider seeking legal advice to ensure you are making informed decisions regarding your case.

Similar forms

  • Motion for Modification of Custody - Similar to the Contempt of Court form, this document requests a change in custody arrangements due to a parent’s failure to comply with existing orders. Both forms require detailed information about the children and the specific violations of the court's order.
  • Petition for Parenting Time - This document seeks to establish or modify parenting time rights. Like the Contempt form, it involves issues related to visitation and requires the petitioner to outline their relationship to the children and the other parent.
  • Motion for Enforcement of Parenting Time - This form is used to enforce existing parenting time orders. It is similar to the Contempt form as both seek to address violations of parenting time rights and require evidence of non-compliance.
  • Motion for Temporary Restraining Order - This document is used to prevent a party from taking certain actions. It shares a similar purpose of protecting rights, often in urgent situations, just like the Contempt form aims to protect parenting time rights.
  • Order of Protection - This document seeks legal protection from harassment or harm. Both it and the Contempt form require detailed descriptions of the behavior that necessitates legal action, focusing on the safety and well-being of the involved parties.
  • Notice of Hearing - This document informs parties about upcoming court dates. It is similar to the Notice of Hearing included in the Contempt form, as both serve to notify parties of their obligations to appear in court.
  • Affidavit of Service - This document confirms that legal papers have been delivered to the other party. It is related to the Contempt form because both require proof of communication between parties regarding court orders.
  • Motion to Compel Discovery - This form is used to request compliance with information requests during a legal case. Like the Contempt form, it addresses non-compliance with court orders and seeks to ensure that all parties fulfill their legal obligations.

Dos and Don'ts

When filling out the Contempt of Court Indiana form, there are important guidelines to follow. Below is a list of things you should and shouldn't do:

  • Do read all instructions carefully before starting.
  • Do ensure you have a valid court order granting you Parenting Time rights.
  • Do fill out all three required forms completely.
  • Do provide accurate and specific information regarding violations.
  • Do check with your local Clerk about filing procedures and required copies.
  • Don't sign any document without understanding its contents.
  • Don't write on the back or sides of the forms.
  • Don't forget to attach a copy of the current Parenting Time order.
  • Don't ignore local court rules regarding service of process.
  • Don't assume that all forms will be accepted by every court.

Misconceptions

Understanding the Contempt of Court form in Indiana can be challenging, especially with the many misconceptions that exist. Here are nine common misunderstandings about the Verified Motion for Contempt Regarding Parenting Time (Visitation) form:

  • It is unnecessary to consult a lawyer. Many people believe they can handle the process without legal advice. However, consulting a lawyer can provide clarity and help avoid mistakes that could harm your case.
  • All courts accept the same forms. Some individuals think that a form used in one court will be accepted in another. In reality, different courts may have their own procedures and requirements.
  • Filling out the form is straightforward and requires no preparation. Many assume that the forms are easy to complete. In fact, it’s crucial to review your court documents and understand the instructions thoroughly before filling them out.
  • Parenting Time and visitation are interchangeable terms. Some people still use the term "visitation," unaware that Indiana law has officially replaced it with "Parenting Time." This change reflects a shift in how courts view the rights of parents.
  • Only custodial parents can file for contempt. There is a misconception that only the custodial parent has the right to file a motion for contempt. In reality, any parent with a court order for Parenting Time can seek enforcement.
  • Once filed, the court will automatically grant the motion. Many believe that filing the motion guarantees a favorable outcome. However, the court will review the motion and make a decision based on the evidence presented.
  • All violations of Parenting Time are treated equally. Some think that any violation will lead to the same consequences. Courts consider the nature and severity of each violation, which can affect the outcome.
  • You can ignore local court rules. A common misconception is that state rules are the only ones that matter. Local court rules can vary significantly and must be followed to ensure proper processing of your motion.
  • The process is the same for all types of cases. Many assume that the process for filing a motion for contempt is uniform across all cases. However, specific details can differ based on individual circumstances and the nature of the case.

By dispelling these misconceptions, individuals can better navigate the complexities of the Contempt of Court process in Indiana. Understanding the requirements and implications of the forms is essential for effectively advocating for your rights regarding Parenting Time.

Key takeaways

When filling out and using the Contempt of Court Indiana form, it is essential to follow specific guidelines to ensure proper submission and processing. Here are key takeaways to consider:

  • Consult Legal Advice: Before signing any court document, it is advisable to seek legal counsel. This can help clarify your rights and responsibilities, reducing the risk of negatively impacting your case.
  • Understand the Terminology: In Indiana, the term “Parenting Time” has replaced “Visitation.” Familiarize yourself with this terminology as it is crucial for accurately completing the forms.
  • Complete All Required Forms: You must fill out three specific forms: the Appearance form, the Verified Motion for Contempt Regarding Parenting Time, and the Order to Appear and Notice of Hearing. Ensure all sections are completed accurately.
  • Follow Filing Procedures: Adhere to local court rules when filing your forms. This includes providing the correct number of copies and ensuring that you serve the opposing party appropriately.
  • Document Violations Clearly: When stating how the other party has violated your Parenting Time rights, be specific. Include dates, times, and locations to support your claims effectively.

By keeping these takeaways in mind, you can navigate the process more effectively and work towards a resolution in your case.