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What legal form do I need to file for a contempt of court order and request a sanction for violating a civil restraining order?

Long Beach, CA |

I am representing myself in pro per and can no longer afford an atty to rep me due to job loss. I have a court ordered civil RO against son's father who is only allowed to call me twice per day pertaining only to our son. Instead, he harasses me daily with up to 15 calls per day, not including a slew of nasty text messages and emails. We are both on Familywizard.com (not court ordered but at my suggestion) but he rarely uses it and ignores my emails on there, preferring to harass me with non stop nasty calls that only inflame our horrible communication. I have phone records dating back to the court order (over 6 months) and they back up my statement of harassment. I warned his atty in a letter that he needs to get his client to stop otherwise I would file a contempt motion.How do I do this

Attorney Answers 2

Posted

If your civil order was a CLETS order, you should contact you local law enforcement to notify them of the violation.

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Asker

Posted

It was a stip we both signed and the judge signed it after us and it was filed with the court. Is that a CLETS order?

Posted

I am sorry to hear that you are going through this problem with your ex. Contempt motions are usually filed by using the form requesting for a hearing on contempt. Look at California Judicial Council Forms FL-410 and FL-412. You will need to fill out both of these forms.

NOTE: Contempt is an area of the law that is a specialty, and even most family law attorneys don't have significant practice with the area. It is likely that your contempt motion might just be dismissed as well. It would be my advice to you to go into the motion with as much evidence and support that you can obtain. Not just text messages and family wizard reports, but also police reports and call logs.

Best of luck. If you need further assistance feel free to contact our office, we are always considerate of our clients financial situations and offer payment plans.

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