What to Expect and What to Say at a Contempt Hearing in Douglas County

In Douglas County, when you want a court order enforced, you file a contempt action. You're asking the judge to find that the other person willfully disobeyed the order. If the judge agrees, the court can order jail time - but it can also give that person a way out through a "purge" plan (a specific set of steps to fix the violation).

The hearing centers on testimony. You'll speak under oath in open court, explaining what order was violated and why you believe it wasn't followed. The judge then decides whether contempt is proven and what happens next.

One cost catches people off guard: there's no filing fee for the Affidavit and Application for Order to Show Cause. But you will pay to have the sheriff serve papers on the other party. That cost is on you unless the judge orders the county to cover it.

• ✓ Arrange for personal service: the person you say violated the order must be personally served by the sheriff with a copy of the Order to Show Cause.
• ✓ When you file the Praecipe for service, call the Douglas County clerk or the sheriff to confirm the service cost.
• ✓ Bring the required payment (money order, check, or cash) made out to the sheriff when you file the Praecipe.

1. Write a short statement - once you have a hearing date and time, put your main points on paper so you don’t forget details under stress.
2. Practice saying it out loud - keep it focused on the order and what happened, so you can stay calm and clear.
3. Plan to read it in court if needed - it’s okay to bring your written statement and read it at the hearing; the packet includes a sample titled “Instructions for Your Enforcement Hearing (DC 6:5.30)”.

• ✓ A certified (official) copy of the child support payment history and arrearages (past-due support) to present to the judge.
• ✓ Request the certified copy from the Child Support Enforcement Central Office: (402) 471-1400.
• ✓ If you submit your request by fax, use (402) 471-7327.

Expect to testify. You'll speak under oath in open court, explaining why you believe the other party violated the order. This is where your written statement and documents come in - your job is to lay out the violation clearly and directly.

After testimony, the judge decides. If the court finds willful disobedience and holds the person in contempt, it may impose a jail sentence. But the judge can also offer a purge plan - a way for that person to avoid jail (or get released) by following specific steps.

If you learn the other party wasn't served before the hearing date, show up anyway. The judge may dismiss the case or reset the hearing, but missing your court date creates a new problem you don't need.