Q: I have been served a summons and notice regarding alleged contempt of a court order. How do I proceed on my own?
I think I need to file an answer with the plaintiff's lawyer and the clerk of court. Should I also provide an affidavit answering the complaint in detail?
A: Contempt hearings are not decided on affidavits, but rather on evidence and testimony presented at the hearing. The burden to prove contempt is on the moving party and must show which specific paragraph of the Order was violated. Evidence presented must show that the accused party willfully violated the specified paragraph of the Order. The Complaint served on you should have a copy of the Order attached to it and should refer to the specific part of the Order that is alleged to have been violated.
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