Finding the respondent to be in contempt of court.Ordering the respondent to comply with the court order.The judge can force compliance from the respondent in several ways, including: Once both parties have presented their evidence and arguments, the court will consider how to rule. If the violation is too obvious to deny, such as non-payment of child support, this is the point in the hearing when the respondent has a chance to justify their reasons for noncompliance. They may dispute the alleged violation of the court order. The respondent will then be able to present their own evidence, including witnesses. The respondent’s attorney will have the opportunity to cross-examine your witnesses. Your attorney may call witnesses, including yourself, to testify in support of your claims. You will begin by presenting evidence that the respondent has violated or is violating a court order. Both sides will have an opportunity to present their cases at the hearing. Once you have filed a petition and scheduled a hearing, the court will issue a “Rule to Show Cause” ordering the respondent to appear for the scheduled court date. The respondent will have to “show cause” as to why the court should not hold them in contempt of court, compel them to comply with the court order, and impose penalties against them. The petition must include a sworn affidavit containing “facts identifying with particularity the violation of a specific court order.” You must state whether you are seeking civil or criminal contempt of court.Īt the hearing, the court will give the other person, known as the “respondent ,” the chance to explain their actions or lack of action. When the other party violates a court order, you can file a Petition for a Rule to Show Cause and schedule a show cause hearing on the court’s docket. What Is a Show Cause Hearing in Virginia?Ī family law case, such as a divorce or custody dispute, will typically result in one or more court orders that are binding on both parties.
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