If you need to ask the Court to enforce a prior order because the other
party is violating it, first decide whether to file a Motion for Contempt
or a Motion to Enforce. To help you decide, read the
Before You Start section. If you decide that a Contempt Order is
what you need, follow these steps.
Here's What To Do…
Get the Motion for Contempt forms packet from the District Court
clerk. You can also get the forms
online, except for the Subpoena form.
You must pay the court clerk $5.00 for a signed Subpoena.
Read the information cover page carefully. Review the original
judgment or order in your case, along with any later orders that changed
or enforced your original judgment. When you fill out the Motion, be clear
about which order, and which part of that order, you are trying to enforce.
Be prepared to pay these costs:
Subpoena (signed court form): $5.00
Service: $20.00 or
more
Filing: $60.00
Note: If you are trying to enforce child support only, you
don't have to pay the filing fee.
You may ask for a fee waiver if you have a low income and cannot pay the
fees. Ask the clerk for an Application to Proceed Without Payment of
Fees and Indigency Affidavit. Fill out the forms, along with
the motion form. The clerk,
or a notary public,
must witness your signing the
affidavit form. If you need help with filling out these forms, go to
our page on Court Fee Waivers.
If you receive TANF, SSI or general assistance, the court should waive the fees.
Contact Pine Tree Legal if you are denied.
Get the forms and file them in the Court that gave the original
judgment. In some cases, you may be able to move to another Court, but
you would probably need a lawyer to help you do this.
| Step Two: Complete the Forms
|
To complete the top part of each form, copy from your original
judgment or prior order. The location, docket number, and names of
plaintiff and defendant
stay the same. If you can't find your old
judgment, you can buy a copy from
the clerk.
On the Motion for Contempt form, check the box under the “Motion
for Contempt” heading if your motion is about child support only.
Then at #1, check the box which identifies you as the
plaintiff or defendant.
At #2 write the date of the order you are trying to enforce. Then
check the box or boxes which fit your issue.
At #3 explain what the other party has done to violate the earlier
order. Follow the list of issues you checked in #2 and explain each violation
in the same order. Be as brief as possible. If you need more space, you
can continue onto a blank sheet of paper.
At #4 the form asks for some basic information about your
mutual
children and about any
public assistance benefits they may have received.
Note: If any of your
mutual children have received TANF (formerly AFDC) or MaineCare (formerly
Medicaid), you
must send a copy of your Motion to DHHS at the address given on the form.
Finally, on page 3, check the box or boxes that describe what you want
the Judge to order to fix the problem. Check the first two boxes.
The third box asks for “Remedial Sanctions.” These are
orders the Judge could give to insure that the order is followed or to
pay you for the harm the other party has caused you. For example, the Judge
could order extra visitation days to replace those that the other party
refused to give in violation of the order. The Judge could also imprison
or fine the other party for ongoing violations of the Court's orders. Another
typical remedy is to require the other party to catch up on back child support
that was owed but not paid. Check this box if you are asking for Remedial
Sanctions. Check the fourth box if you want the Judge to order
the other party to pay your costs of bringing the Motion.
Before you go to court on your Motion, think about what you think the Judge
should do to fix the problem. Then you will be prepared to explain exactly
what you want the Court to order.
Date and sign the Motion in front of a
notary public. Check the right box to show whether you are the
plaintiff or defendant.
(Remember that your original court
judgment shows, at the top of the page, who is plaintiff and who is
defendant.) Write in your address and phone number. (If you want this
information to be kept secret, for safety reasons,
click
here for more information.)
Next,
fill out the form that says ORDER on the upper right-hand side.
Fill in the top lines the same way you did with the Motion (copying from
your original judgment). In the large boxes,
add the current addresses for
plaintiff and
defendant.
The Judge will complete the rest of the form, by entering a hearing date
and time and signing it.
The
third form you must fill out is the Subpoena for Hearing on
Motion for Contempt. This subpoena “commands” the other party
to come to the court hearing on your Motion. You can also require the other
party to provide papers or objects which the Judge should see to help him
believe and understand your story. For example, you may want to subpoena
the other party's financial records, tax returns, or other papers if they
would help to show how the other party has violated the earlier order.
Fill out the top part of the form with the location, docket number, and
the names of the parties. Next, fill in the name of the other party and
check the right box to show if s/he is the
plaintiff or defendant.
(For now, leave the middle section--notification of hearing--blank.)
If you want to require the other party to bring documents to the hearing,
check the small box and list the papers you want. If your list is too long,
go on to another piece of paper, attach it and note that there is a second
page to the subpoena which is “incorporated.” Write the docket
number at the top of the new page.
Check the small box, showing whether you are the
plaintiff or defendant.
Fill in the date.
The clerk's signature should be on the form.
The
fourth, and last, form to fill out is the Summary Sheet. Follow the
detailed Instructions for Completing Summary Sheet that came in your forms
packet.
After you have finished filling out the forms, make a copy of
your motion. Then take the original forms back to the
clerk.
(If you are asking for a fee waiver,
file
the waiver forms at the same time.)
The clerk will
show your papers to the Judge. The Court will set a date
and time for the hearing. If you have done everything correctly, the Judge
will sign the Order. The clerk
may fill in the hearing date and time and
court location on the Subpoena for you. If not, add that information to
the Subpoena by copying it from the Order.
| Step Three: Serve the Forms
|
Now you must serve the
papers on the other party. First, make 2 copies of the
Subpoena (with copies
of your Motion and the Order attached).
Keep one copy. Give the original and one copy to the sheriff for service.
In a letter, or in person, ask the sheriff's office to deliver the Subpoena,
the Motion, and the Order to the other party. Give a home address. If
you think the other party will be hard to find at home, give a work address.
Remind the deputy that the papers must be served at least 10 days before
the hearing date, unless the judge ordered a shorter time.
If you did not get a fee
waiver, the sheriff's office will charge you for
this service (about $15-$30). If the Court gave you a fee waiver,
give the sheriff a copy of the Court's Order so that you will not be billed
for this service.
After the sheriff sends the packet of papers back to you with the back
of the Subpoena form filled in, file them with the court
clerk.
If you are the person who got the papers from the sheriff and you
oppose the motion, file a written response with the clerk at least 3
days before the hearing. Give or mail a copy of your response to the
other party at the same time. To find out what will happen next, read on.
The following information applies to both parties.
This is a formal court hearing. The Judge will hear each side. You can testify
for yourself, bring witnesses, and present documents. Court rules of evidence
and procedure will be followed.
To prepare for the hearing, plan what you need to say. Be ready to tell
how the other party has failed or refused to follow the Court's order. Your
proof must be “clear and convincing,” a high standard of proof.
You must also convince the Judge that the other party has the power or ability
to comply with what he was ordered to do. If you are defending, be
ready to explain how you have already complied with the earlier Order, or the reasons why
you cannot comply.
You may want to make a list of the major facts and points
you need to make. If you know people who have first-hand knowledge of important
facts, you can ask them to testify at the hearing. If a witness is unable
or unwilling to come to the hearing, you can subpoena him.
Read
more about how to subpoena a witness.
At the hearing, you will be given a turn to tell your side of the story.
You 
will also have the chance to ask the other side questions. The Judge may
ask you or others questions. Since you do not have a lawyer, the Judge may
guide you through the hearing. But remember that she must be neutral and
cannot give you or the other party legal advice.
The deadline for appealing a Judge's
final order to the Maine Law Court is 21
days after the clerk
enters the order on the docket. File any appeal with the District Court
clerk. You will probably
need a lawyer to help you go forward with an appeal.
If no one files an appeal, the order becomes final in 21 days.
| Step Five: Follow Through
|
If the Judge orders sanctions, it is up to you to monitor whether the other
party is following the Order. Let the Judge know about any violations by
filing another Motion for Contempt and asking for harsher penalties.
Steeper fines or imprisonment for ongoing violations
may be the Court's next step.
RETURN TO TABLE OF CONTENTS
|
Notice
© Pine Tree
Legal Assistance
January 2007
Sometimes the laws
change. We cannot promise that this information is always
up-to-date and correct. If the date above is not this year,
call us to see if there is an update.
We provide this
information as a public service. It is not legal advice.
By sending you this information, we are not acting as your lawyer.
Always consult a lawyer, if you can, before taking legal action.
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