Utah Divorce Order to Show Cause: Motion for Order to Show Cause

I recently wrote about the possible punishments/penalties for violating a divorce decree (click here to read that post).

 

In the post, I cut-and-pasted a portion of our Motion for Order to Show Cause. In light of that, I thought I'd post our entire Utah order to show cause template for those do-it-yourselfers.

                                         

I'll post the accompanying sworn declaration and order you have to file along with this motion another time.

Here is the motion:

Petitioner/Respondent XXXX XXXX, through his/her counsel, XXXX XXXX, of Brown Law, LLC, motions the Court for an Order to Show Cause requiring Petitioner/Respondent to appear before the Court to show cause, if any, why he/she should not be held in contempt and sanctioned for failing to comply with the terms of the Divorce Decree/Order of XXXX.

FACTS

Petitioner/Respondent has willfully violated terms of the Divorce Decree/Order of XXXX. Specifically, he/she has:

1.         State every violation individually and specifically (dates, times, amounts, etc.), or, if stating each violation would be too voluminous, as an amalgam.

2.         XXXX

For facts regarding these violations, please refer to the Sworn Declaration(s) and other evidence filed in support of this Motion. See Utah Code Ann. § 78B-6-302(2).


ARGUMENT

I.         PETITIONER/RESPONDENT VIOLATED THE DIVORCE DECREE/ORDER OF XXXX.

 

            A Party who disobeys a court Order is in contempt. Utah Code Ann. § 78B-6-301(5). The three elements one must prove to establish contempt for failure to comply with a court Order are: (1) the person accused of contempt must have known what the Order required; (2) the person must have had the ability to comply with the Order; and (3) the person must have intentionally failed or refused to comply with the Order. Homeyer v. Stagg & Assocs., 2006 UT App 89, ¶ 6, 132 P.3d 684.  "These three elements must be shown 'by clear and convincing evidence in a civil contempt proceeding.'" Summer v. Summer, 280 P.3d 451, 455 (Utah App. 2012) (quoting Von Hake v. Thomas, 759 P.2d 1162, 1172 (Utah 1988)).

The facts and evidence delineated in this Motion, and the Sworn Declaration(s) filed in support, demonstrate by clear and convincing evidence that Petitioner/Respondent violated the Divorce Decree/Order of XXXX as alleged. They also demonstrate a prima facie case for contempt regarding the allegations made, thereby allowing, at the very least, certification for an evidentiary hearing on all allegations. This/These violation(s) constitute contempt. Utah Code Ann. § 78B-6-301(5), (12).


II.        BECAUSE PETITIONER/RESPONDENT COMMITTED CONTEMPT, SANCTIONS ARE APPROPRIATE AND NECESSARY.

 

            Because Petitioner/Respondent committed contempt, sanctions are appropriate and necessary as authorized by Utah law. Utah Code Ann. §§ 30-3-3(2); 78B-6-310; 78B-6-311(1); 78B-6-312; 78B-6-315-16.

            Specifically, the Court should/must impose all of the following contempt sanctions:

            X.        Petitioner/Respondent pay all reasonable costs and attorney fees necessitated by having to bring this matter to the Court. Utah Code Ann. § 30-3-3(2). A Sworn Declaration Regarding Attorney Costs and Fees was filed previously.

            X.        Petitioner/Respondent pay a fine -- in addition to any costs and attorney fees awarded -- of $1000. Utah Code Ann. § 78B-6-310.

          X.        Petitioner/Respondent be incarcerated in county jail for thirty consecutive days. Utah Code Ann. § 78B-6-310.

            X.        Petitioner/Respondent pay Petitioner/Respondent a sum of money sufficient to indemnify and satisfy Petitioner's/Respondent's costs and expenses necessitated by having to bring this matter to the Court, as well as post-Judgment interest. Utah Code Ann. § 78B-6-311(1). A Sworn Declaration Regarding Attorney Costs and Fees was filed previously.

            X.        Petitioner/Respondent be imprisoned until he/she XXXX (describe the act Petitioner/Respondent is obligated to perform), or is released by the Court. Utah Code Ann. § 78B-6-312.

            X.        Petitioner's/Respondent's driver's license, be suspended or restricted until all Judgments, Orders, and other sanctions are satisfied. Utah Code Ann. § 78B-6-315(4). (Applies to non-payment of child support, housing, medical care, and other remedial care for child)

X.        Petitioner's/Respondent's professional and occupational license(s), be suspended or restricted until all Judgments, Orders, and other sanctions are satisfied. Utah Code Ann. § 78B-6-315(4). (Applies to non-payment of child support, housing, medical care, and other remedial care for child)

X.        Petitioner's/Respondent's recreational license(s), be suspended or restricted until all Judgments, Orders, and other sanctions are satisfied. Utah Code Ann. § 78B-6-315(4). (Applies to non-payment of child support, housing, medical care, and other remedial care for child)

X.        Petitioner/Respondent, at his/her cost, (1) perform at least ten hours of compensatory service, and (2) participate in workshops, classes, or individual counseling designed to educate Petitioner/Respondent about the importance of complying with the Court's Orders and providing Minor Child(ren) with a continuing relationship with both parents. Utah Code Ann. § 78B-6-316(1), (4). (Applies when parent does not exercise minimum parent-time ordered in Decree/Order)

X.        Petitioner/Respondent, at his/her cost, (1) perform at least ten hours of compensatory service, and (2) participate in workshops, classes, or individual counseling designed to educate Petitioner/Respondent about the importance of complying with the Court's Orders and providing Minor Child(ren) with a regular and stable source of support. Utah Code Ann. § 78B-6-316(5), (7). (Applies when parent does not pay child support)

X.        Petitioner/Respondent make all Ordered payments and satisfy all Judgments within fourteen days.

CONCLUSION

            Based on the allegations and evidence presented, Petitioner/Respondent should be found in contempt and sanctioned as delineated above.

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