To bring a contempt motion for violation of a protective order or TRO, draft a contempt motion or rule to show cause that clearly states the notice that the party subject to the order had of the injunction, the specific terms of the injunction that have been violated, and all the facts or conduct alleged to constitute contempt.1 A person is bound by an injunction from the time that they have notice regardless of whether they have been served with the injunction.2 A certified copy of the contempt motion and rule to show cause must be served on the party alleged to be in contempt, in the same manner as a subpoena, at least 48 hours before the hearing.3 Generally, this means personal or domiciliary service on the abuser.4 Be prepared to prove the contempt without testimony from the abuser since he may invoke the Fifth Amendment.
The court must rule on a domestic violence victim’s motion for contempt for violation of a protective order or injunction. It can’t refuse to schedule the motion or decide the motion without a hearing.5
- 1La. C.C.P. art. 225.
- 2Dauphine v. Carencro High Sch., 2002-2005, p. 10 (La. 4/21/03), 843 So. 2d 1096, 1104 n.6.
- 3La. C.C.P. art. 225.
- 4La. C.C.P. art. 1355.
- 5Crowley v. Crowley, 96-CC-2413 (La. 10/11/96), 680 So. 2d 661 (ordering the district judge to hear and rule on a domestic violence victim’s contempt motion).