Rule 2.31 – Enforcement of Court Order

May 14, 2021 | Family Law, New Hampshire

A. General. Any party may request that another party be found in contempt for violating an order of the Court by way of motion or petition, as the case may require.
B. Requirements.

(1) Open cases. When a contempt action is brought in an open case, a proper filing includes: A Motion for Contempt that explains what court order is believed to have been violated; what specific conduct is alleged to have occurred in violation of the court order; and what relief is being requested of the Court. No filing fee is required. Notification to all parties may be accomplished by regular US mail.
(2) Closed cases. When a contempt action is brought in a closed case, a proper filing includes: A Petition for Contempt that explains what court order is believed to have been violated; what specific conduct is alleged to have occurred in violation of the court order; and what relief is being requested of the Court. A filing fee and personal data sheet are required. Notice to the party alleged to be in contempt must be accomplished by sheriff’s service in New Hampshire, or by any person authorized to make service if done outside of New Hampshire. Notice to other parties of the original action may be by regular US Mail.
C. Attachments, Arrests, Incarceration. Attachments or arrests and incarceration for civil contempt may be ordered by the Court upon a finding of the violation of any Court order, after notice and an opportunity to be heard. Parties may be arrested upon Court order and required to post bonds for appearance and compliance with court orders in any case where it shall be deemed necessary.

N.H. R. Cir. Ct. Fam. Div. 2.31