What Happens If Someone Violates a Purge Plan in Douglas County (Bench-Warrant Guide)
When the court gave someone a purge plan after finding them in contempt and they still haven't complied, you can ask the court to enforce the jail sentence that was already set. Here's how the bench-warrant process works and what you'll need to file.
If the person found in contempt doesn't follow through on the purge plan, you can file an Affidavit and Motion for Bench Warrant and Commitment to Issue. You're asking the court to send them to jail to serve the sentence ordered at the contempt hearing. File it with the clerk of the district court where your visitation order was issued.
This step builds on what already happened in the contempt case. Before you can enforce anything, you had to attend that hearing and testify under oath about why you believe the other party violated the court order. That testimony is what allowed the judge to find contempt and set the purge plan in the first place.
Which Forms to File
- ✓ Affidavit and Motion for Bench Warrant and Commitment to Issue
- ✓ Proposed Bench Warrant
- ✓ File with the clerk of the district court that issued the original order, and check that county’s local rules with the clerk before you submit anything
If the purge plan required child-support payments, you'll need paperwork proving what's been paid and what hasn't. Attach a current certified copy of the payment history and arrearages (past-due support) to your Affidavit and Motion for Bench Warrant.
Note: You can't reuse the payment history you submitted as an exhibit at the contempt hearing. The copy attached to your bench-warrant affidavit must be current and newly obtained.
- Request a certified payment history from Nebraska Child Support Enforcement Central Office - Call (402) 471-1400 or fax your request to (402) 471-7327.
- Include the case identifiers they need - Provide the county where the order was entered, the case name and case number, and the social security number of one of the parties.
- Use the certified copy you receive as your attachment - The court requires a current certified copy of the payment history and arrearages when the purge plan involved child support.
Once you file your Affidavit and Motion for Bench Warrant and Commitment to Issue, you're asking the judge to take the next enforcement step. In plain terms: you want the court to issue paperwork that lets the jail sentence from the contempt case actually be carried out.
Local practice can affect how filings are handled, so check that county's local rules before you file. A quick call to the clerk can save you time - especially if there are specific requirements for how the proposed bench warrant should be submitted or how exhibits need to be labeled.
Find an Inmate at Douglas County Jail
Search for a loved one and send messages and photos in minutes.
