show cause

[capslock]

just got notice from atty's office about the scheduled show cause hearing on a contempt motion we filed. i read wikipedia.

am i correct in thinking the show cause hearing is just an opportunity for respondant to ask for the motion to be thrown out? if they are unsuccessful, then a hearing date is scheduled?

[Thoughts?]

Contempt is enforcement, which due to its more severe nature than a modification, is usually on a somewhat more accelerated schedule then a modification motion. Put another way, you have formal discovery, and some lengthy waiting iperiod (i.e.,. 21 business or 30 days) after discovery is delivered to have your modification hearing.

On an enforcement hearing, you can usually schedule a hearing for two or three weeks out, if I recall correctly. Your lawyer would know correct local procedure.

There are usually several elements on a Motion to Enforce. First, your Motion to Enforce, which says what bit of orders she's violated, quotes from orders, specifically states what she's done against those orders, and then outlines what remedies you want. I.E.,, fine, jail, costs, whatever. And there's usually a statement in there that says "If the court does not find sufficient cause exists for a finding of contempt, plaintiff requests that the court issue clarifying answers on a, b & c."

That motion is filed with the court, and is accompanied by an Order to Appear and Show Cause, which has to be signed by a judge. In my county, it's in the uncontested docket, and sometimes even in chambers, as it's just a formality. But that Order sets the date of the hearing, on enforcement matters usually just several weeks out (versus months), and orders the other party to "appear and Show Cause as to why Plaintiff's remedies should not be granted." After filing with the court & getting the order signed, she is served, either by process server or constable.

Put another way, it tells them to lawyer up, show up and explain to the court why your motion isn't legit. Often they'll file a Response that includes a general denial within a couple days of receipt, then return fire with their own Motion to Enforce prior to the hearing. Their Motion to Enforce is a simple tactic to increase your risks.

Shortly after your attorney gets confirmation that your ex has been served with the Motion to Enforce and Order to Appear and Show Cause, he or she may issue several subpoena's. They can be to your ex for her to bring certain records to the hearing, like pay stubs or receipts or medical records. Or they can be to witnesses.

If they disagree with the subpoena's, they can counter with a Motion to Quash, which can be heard prior to or day of your own original motion. This is where they argue why the subpoena is irrelevant, overly burdensome or fishing.

[capslock]

Thank you thoughts.
The show cause was signed by the judge and a hearing date set. To clarify, that hearing date will be the hearing on the motion for enforcement?

[Thoughts?]

In all instances in TX, I've seen the Order to Appear and Show Cause associated with a specific motion, like your Motion for Enforcement.

You have some very good responses and have your act together pretty well -- am a little concerned that you didn't hear this from your lawyer. I mean, in my case, I would be sent via email, within a day of filing & judge's signature, an imaged copy of my Motion to Enforce that was filed with the court, carrying the stamp of the court clerk, and attached to that would be the Order to Appear and Show Cause, signed by the judge.

Seeing you around for a while, and seeing that you have a pretty good handle on stuff, I get worried that your lawyer may not be communicating worth a flip with you.

[Fatheroffour]

My attorney was also very good about immediate notification of all filings with copies sending all copies of filings.

It also shows up on the monthly detailed invoice.

[Thoughts?]

Caps, was the Motion to Enforce filed with the court a few days ago, and for some reason the scheduling of the hearing was delayed? I.E., an attempt to mediate or negotiate out of court directly?

[capslock]

I received from my attorney the "show cause order to appear" signed by judge with an order to appear for ex in a few weeks. It was filed along with the motion for enforcement and an affidavit. I worked on both with my atty. Attorney said she was filing all together but I just received the show cause and notice to appear back stamped by clerk and signed by judge.

I think i get it now-- I was thinking it was 2 hearings. One to show cause (to see if a hearing was necessary) and one to argue the enforcement. I will assume it is one hearing. I will schedule a meeting with my attorney. I've exhausted the retainer just getting to this point. Apparently protective order enforcement is not very common around here.

[Thoughts?]

No issues, can tell you're under a lot of pressure right now.

Enforcements are usually on an accelerated schedule. They wouldn't be enforcements unless they involved some violation of orders, so they have a faster pace than a modification.

Your hearing may be the primary hearing on your Motion to Enforce, and it's probably a block booked for at least 2 hours, maybe a half day, and would be considered an evidentiary hearing where witnesses can be called & evidence presented. Although due to the faster pace they usually don't involve formal discovery. Basically it's an exercise of selectively subpoena'ing anything that can be helpful.

At least that's been my experience.

[capslock]

Thanks. Sorry for the late edit there.
Have literally dozens of violations. Should be interesting.