Hello,
I recently filed a Motion to Show Cause and Motion for Contempt in Durham County due to my kids mother with holding visitation. My Motion to Show Cause was denied, but my Motoin for Contempt was scheduled for a hearing. I am a little confused as I thought it was a both or nothing type of deal. So my questions are, does my ex need to show up without an order to show cause and do I need to serve the Motion for Contempt according to N.C.G.S § 5A-23?
Thanks!
It sounds like that perhaps your motion for an order to appear and show cause was denied, but that you were able to file the motion for contempt and schedule a court date. You should serve both motions on the other party.
If there is an active case in court, then you can serve her by regular mail. If you have a permanent order and the case is closed, then you should serve the motion by certified/registered mail or sheriff’s deputy.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
That is where my confusion lies. If the motion to show cause was denied then how could the contempt motion be granted and heard? Would the Judge not need to see cause to grant the motion for contempt. If so, why how would a show cause be denied and a motion for contempt denied? I thought the two more or less went hand in hand.
Does the other party not need to show if an order to show cause was denied?
A motion and order to appear and show cause means you are asking the court to issue a court order for the other person to come to court and show good cause as to why they should not be held in contempt of court for violating the order. In your case, it appears as though the judge would not issue the order for the other party to come to court. This could be because in the judge’s opinion, there was not enough evidence in your motion to warrant an order to appear and show cause being issued.
You should send copies of all filings, even order denials, to the opposing party.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.