Motion To Show Cause/Contempt
A
“Motion to Show Cause” why a party should not be held in contempt of court
shall state with specificity each provision of a prior court order with which a
party allegedly has failed to comply, the date of such order, and the facts
constituting the noncompliance. The motion shall be supported by an Affidavit
signed by the party bringing the action. Show cause motions may be filed during
pre decree divorce proceedings or post decree. The Ohio Revised Code sets out:
2705.02
Acts in contempt of court.
A person guilty of any of the following acts may be
punished as for a contempt:
(A) Disobedience of,
or resistance to, a lawful writ, process, order, rule, judgment, or command of
a court or officer…
The moving party (movant) must show failure of
compliance with a valid court order. Proof of willful, purposeful or intentional noncompliance with a court order is not prerequisite to a finding of civil contempt. The
trier of fact (Judge, Magistrate) will determine a finding of contempt based on
clear and convincing evidence producing a firm belief or conviction regarding
the facts to be established.
Once a prima facie case of contempt (sufficient
evidence exists to support the case) is established by the movant, the
contemnor (party held in contempt) has the burden of proving the defense of
their inability to comply with the court order.
Defenses
An alleged contemnor makes a showing that they
substantially complied with the order. Substantial compliance is grounded in
evidence that one has taken all reasonable steps to comply with the court order(s)
subject to a show cause motion. When one has exercised reasonable diligence and
effort to comply with the order, “all reasonable steps”, a finding of
substantial compliance may result.
An alleged contemnor has a viable defense when
punishing noncompliance with the order would constitute punishing a nullity (holding
a person in contempt for noncompliance with something null and void, with no
force or effect).
Example: A decree of divorce often orders a party to
convey a property by quitclaim deed, but, also provides that if the party fails
to convey the rights to the property, the order of the court shall constitute
and operate as such conveyance. A finding of contempt based on the requirement
of a party signing and conveying a quitclaim deed would be punishing a nullity.
In such a case, the quitclaim deed and the decree of divorce both have the same
functions under Ohio law.
Presumptively, one should not conclude they are
released by the decree conveyance language from their obligation to provide the
signed quitclaim deed as ordered, but, if circumstances make timely compliance
problematic (overseas transfer, deployment), alleged noncompliance may be
regarded as a nullity, as the decree constitutes and operates as the instrument
of conveyance.
When a person alleges contempt in a show cause
motion and the person defending against the action can show the motion to be grounded
in an improper purpose, such as, obviously serving merely to harass or
maliciously injure the other party, the injured party can seek damages and
sanctions. At times, it may appear a Show Cause motion is brought by a movant
with unclean hands and in bad faith. Great caution and diligence must be
exercised before pursing this option. See:
