Liberty, SC asked in Family Law and Child Custody for South Carolina

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?

Related Topics:
2 Lawyer Answers
Cheryl Ann Truesdale
Cheryl Ann Truesdale
Answered
  • Divorce Lawyer
  • Greenville, SC
  • Licensed in South Carolina

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.

Ryan D Templeton
Ryan D Templeton
Answered
  • Divorce Lawyer
  • Summerville, SC
  • Licensed in South Carolina

A: I agree with the previous answer but when you freedom is at risk it is always advisable to contact an experienced family law attorney in your area.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.