Legal Question in Family Law in California

What procedure would best resolve an issue where the court/commissioner denied my ORDER TO SHOW CAUSE AND AFFIDAVIT FOR CONTEMPT ..... Having done so without the benefit of any hearing.

I brought the original and 2 copies to the clerks office w/$40.oo Money Order and Self-Addressed Stamped Envelope, all of this came back to me with stamped DENIED over the area where you are given a date for a hearing.


Asked on 11/27/09, 7:12 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

I know little about family law, but the norjmoal procedure is you file a motion wlith the court asking the court to hold the other party in contempt and award sanctions. You can not file an order. There must be a hearing and the judge. commissioner must find the other party in contempt and then ask you to prepare an order.

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Answered on 12/02/09, 11:21 pm
Tina Chen Law Office of Tina Chen

Did you attach Form FL-411 or FL-412 to the Order to Show Cause? If not, that is probably why the papers were sent back denied. If you did, there must be some other defect. Contact the Court Clerk and see why they denied the papers. If the papers were proper, you are entitled to a hearing and the Court should have set one.

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Answered on 12/04/09, 1:17 am


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