Legal aid societies also often have motion forms available for download on their websites, along with instructions. Make sure you’re using a form that is approved for use in the court that will hear your motion. Generally, you want to file your motion in the same court that issued the original order. If you live far away from that court and want to file a motion in a court closer to you, talk to a local attorney about that process.
Even if the court doesn’t require you to attach a copy of the motion, go ahead and get a copy of the order from the clerk if you don’t have one already. You’ll need to present it when you go to court on your motion, and may also need to send a copy of it to the other party.
If you want a court to rule on your motion that didn’t enter the original order, you should definitely consult an attorney. You should hire an attorney if you have a restraining order against the other person. You also may want to hire an attorney if there is a history of abuse, or you fear the other person will threaten or attempt to intimidate you.
In some states the penalties for violation of an order are listed specifically in a state law. Others provide greater freedom for the judge to rule as they feel appropriate, based on the circumstances surrounding the violation. Some courts may require you to get your signature on the form notarized. Check the last page of the form to see if it includes a notary block.
There typically will be a copier in the clerk’s office that you can use if you need it, but you’ll be charged a fee for copies. That fee may be a lot higher than what you would pay somewhere else.
You may be able to download an appearance form from the court’s website. You should also be able to pick one up from the clerk’s office. You may have to sign this form in the presence of a notary.
Some courts may allow you to file your motion by mailing it to the clerk. However, it’s usually best to go in person to avoid delays.
If there is a fee, find out what methods of payment are accepted. Many clerk’s offices don’t accept credit or debit cards.
You can get an affidavit at the clerk’s office and fill it out there. The clerk may have to witness your signature. When you turn in your affidavit, you may need to appear before a judge. If you’re planning on applying for a fee waiver, wear appropriate clothing to appear before a judge.
If the date the clerk said isn’t convenient for you, try to get it moved while you’re there in the clerk’s office. It may be more difficult to have it changed later. Some judges only hear motions on a specific day each week. Ask the clerk about the local procedure for motions. In some courts the judge will expect live testimony from you and the other person. In other courts, you must get permission to speak to the judge about your motion.
You’ll have to pay a small fee to have the documents served. If you were granted a fee waiver, it may cover your service fees as well. You may not need to have the other person served if you have a waiver of service agreement with them. If you’re not sure whether they’ve waived service, err on the side of caution and have them served anyway.
Generally, you’ll need to prove that the order was issued, the other person knew about the order, and the other person violated the order. The existence of the order can be proven with a copy of the order itself. If the other person signed the order or appeared in court when the order was issued, that proves they knew about it. Proof they violated the order depends on what the order required. For example, if you’re filing for contempt over violation of a child support order, you might use your child support and bank statements.
Wear clean, conservative clothing that is neat and presentable. Most courts have dress code rules and tips available on their website if you’re unsure if what you have planned is appropriate. Bring with you only documents or other items you will need in court. Don’t bring your mobile phone or other devices that might make noise and disturb the court.
If there are long benches, try to sit next to the aisle so you can get up and move to the front without disturbing too many people.
When the judge motions you to the front, gather your belongings and move to one of the tables at the front of the courtroom. The person you accuse of violating the court order should also be present. If they didn’t show up, that usually means you win by default. The judge may issue a bench warrant for their arrest.
Address the judge as “Your Honor. " Speak only after the judge gives you permission to do so, and immediately stop talking if the judge interrupts you. When you speak, you should speak only to the judge, not to the other person. You may, however, have the option to call the other person as a witness and ask them questions directly. If you have documents you want to give to the judge, hold them out for the bailiff. The bailiff will take the documents to the judge. Don’t approach the bench yourself.
The other person also may call you as a witness and ask you questions. However, most judges will limit this back-and-forth questioning between the parties to keep things moving along. Don’t interrupt the other person or shout questions at them. Raise your hand if they say something that you want to comment on, and wait for the judge to acknowledge you and grant you permission to speak.
If the judge is entering a decision later, you’ll be instructed when to return to the court clerk’s office and get a copy of the order.
