Step 2. File the court forms with the clerk’s office

After you fill out the forms, take them to the clerk’s office at the same court that made the order that you think was violated. The clerk will write a date and time for the hearing on the motion, and will sign the motion and give it back to you. The court hearing date is when you and the other person must go to court.

You will need to make copies of the forms. Most courthouses have copy machines that you can use. You will need one copy to mail to or have served on the other party and one copy for your records. The originals will need to be returned to the court.

Will I have to pay to file the forms?

There is no fee to file a Motion for Contempt.

If the order you think was violated is from a case that has already gone to final judgment (in other words, the case is “closed”), you must have a marshal serve the papers on the other person by delivering them in hand or at their home. The marshal’s fee is usually $50 to $75. You can learn more about delivering papers to the other party in the next step.

If you cannot afford the marshal’s fee, you can fill out a form called an Application for Waiver of Fees (JD-FM-75). Do not sign this form until you are in front of the court clerk or a notary public because you have to swear that the information is true. If the judge gives you a fee waiver, you will not have to pay the marshal’s fee.