FL-410 – Order to Show Cause and Affidavit for Contempt

Jurisdiction: Country: United States | Province or State: California

What is an FL-410 – Order to Show Cause and Affidavit for Contempt?

FL-410 is the California family court form you use to start a contempt proceeding. You use it when someone disobeys a family court order. You ask the court to order that person to appear and explain why they should not be held in contempt. You also swear to the facts that show the violation.

This form serves two roles. It is the court’s “Order to Show Cause,” which sets a hearing and commands the person to appear. It is also your sworn affidavit. You outline each violation, the date it happened, and the facts that prove it was willful. The form is specific to family law cases. That includes divorce, legal separation, parentage, custody, visitation, support, and related orders.

You typically use this form if you are a party to a family case. You can be the petitioner or the respondent. You can also be an attorney representing a party. The local child support agency may use it to enforce support orders. Guardians or conservators may use it in limited situations linked to family orders. The person accused of contempt is called the “citee.”

You would need this form when a court order is clear, the person knew about it, and they still disobeyed. You also need to show they had the ability to comply or had the ability to take steps to comply. You do not use this form for general disagreements or misunderstandings. You use it when you can prove willful noncompliance.

Typical scenarios include missed child support or spousal support payments. It includes denied custody or visitation time. It includes refusal to transfer property or pay ordered fees. It includes violating a domestic restraining order issued in a family case. It also includes failing to complete required tasks, like parenting classes or document exchanges. Each missed act or payment can be a separate count. That means one form can list multiple counts.

Contempt is serious. Jail is possible. Fines, community service, and attorneys’ fees are also possible. Because of that, the form must be complete and precise. You must swear that your facts are true. You must attach the underlying order and any proof you rely on. You are asking the court to use its power to enforce its orders. The court expects clear, specific facts, not conclusions.

When Would You Use a FL-410 – Order to Show Cause and Affidavit for Contempt?

You use FL-410 when other enforcement steps are not enough or not available. For support, you may try wage garnishment or a lien first. If payments remain unpaid, contempt may be appropriate. For custody and visitation, you may first try to modify the schedule or use mediation. If the other parent keeps violating the order, contempt can force compliance. For restraining orders, any willful violation may justify contempt at once.

You might be a parent who is denied court-ordered parenting time. The other parent cancels your weekends without a good reason. You have a clear order with dates and times. You warned them and kept records. They still refused. You can file FL-410 with dates, messages, and a copy of the order. You ask the court to require the other parent to appear and explain the violations.

You might be a supported spouse who has not received support for months. The payor has a job and income. You know their employer. You attach the support order and your payment history. You list each missed month as a separate count. You explain the payor’s ability to pay. You ask for sanctions and payment.

You might be a protected party with a restraining order. The restrained party contacted you directly in violation of the order. You attach the restraining order. You include call logs, texts, and police incident numbers, if any. You ask for contempt.

You might be the local child support agency enforcing support. You file FL-410 on behalf of the payee. You list each missed payment and attach the accounting. You seek sanctions and compliance.

You might be a party in a property division case. The other side refuses to sign the title documents as ordered. You attach the judgment to the deadline. You describe the refusal despite notice and opportunity. You ask the court to enforce through contempt.

In each case, you use FL-410 when you can prove four things. There was a clear, written order. The citee knew about the order. The citee had the ability to comply or take required actions. The citee willfully failed or refused to comply. You also consider timing. For support, you must file within three years of each missed payment. For other orders, you must file within two years of the violation. These time limits matter. If you delay, you may lose the contempt option for older violations.

Contempt is not for minor confusion or unclear orders. If the order is vague, consider asking the court to clarify it. If circumstances changed, consider a modification. Use contempt when the order is clear, the proof is strong, and you need the court’s coercive power.

Legal Characteristics of the FL-410 – Order to Show Cause and Affidavit for Contempt

The FL-410 is a court order once a judge signs it. The “Order to Show Cause” section sets a hearing and commands the citee to appear. The “Affidavit for Contempt” section is your sworn testimony on paper. The court relies on it to decide if a hearing is warranted. Because contempt can lead to jail, courts treat it as quasi-criminal. That means strict procedural rules apply. The citee has due process rights.

The form is legally binding because it issues from the Superior Court. A judge’s signature gives the order its force. Personal service ensures the citee receives notice. Service also includes a copy of the underlying order and your affidavit. At the hearing, the court decides if the citee committed contempt beyond a reasonable doubt. The court must find each element for each count. Those elements include a valid order, knowledge, ability to comply, and willful disobedience.

Enforceability rests on several factors. The form must be complete and verified. The court must issue the show cause order. You must personally serve the citee. You must meet notice deadlines. Your proof must be specific and credible. The court will not guess. If your affidavit and evidence establish the elements, the court can find contempt.

Sanctions can include jail, fines, community service, and probation-like terms. For support, the court can impose mandatory penalties and set purge conditions. Purge conditions are steps the citee can take to avoid or reduce sanctions. For example, a payment plan or immediate payment of a set amount. The court may also award you attorney’s fees and costs. Each count can carry separate penalties. Repeated contempt can increase penalties.

Because contempt is serious, the court will advise the citee of rights. The citee has the right to counsel. If jail is possible and the defendant cannot afford counsel, the court may appoint one. The citee has the right to a hearing, to present evidence, and to subpoena witnesses. The citizen has the right against self-incrimination. The court ensures these rights at the start of the hearing.

As the moving party, your burden is high. You must present clear, consistent facts. You should attach the order. You should bring proof of service of the original order if available. You should show the citee had notice of the order. You should prove the ability to comply. Bank records, pay stubs, texts, emails, calendars, and logs can help. Avoid opinions. Stick to facts.

Think about alternatives before filing. In some cases, wage assignments, liens, or license suspensions may work without a contempt action. In custody cases, a modification or makeup time may help. If safety is at issue, contact law enforcement. Contempt is one tool, not the only tool. Use it when it fits the problem, and your proof is ready.

How to Fill Out a FL-410 – Order to Show Cause and Affidavit for Contempt

Follow these steps to complete and process the form. Keep your sentences short and your facts exact.

1) Prepare the caption and your information.

• At the top, list the court name and branch. Use the court where your family case is filed.
• Enter the address of the courthouse.
• Fill in the case number exactly as it appears in your case.
• Identify the parties the same way they appear in your case. Petitioner and Respondent stay in the same roles.
• If you have an attorney, list the attorney’s name and contact information. If you are self-represented, list your own contact details. Include email and phone if you accept service there.

2) Identify yourself and the citee.

• State that you are the moving party. You can be Petitioner or Respondent.
• Name the person you want held in contempt. Spell the name exactly as in the case. This person is the citee.

3) Attach the underlying order.

• Attach a copy of each order you claim was violated. Use a clean, legible copy.
• If the order has multiple pages, include all pages and signatures.
• Label each attachment clearly. For example, “Attachment A: Judgment filed [date].”
• If you rely on more than one order, separate them as Attachment A, B, and C.

4) List each count of contempt.

• A count is one act of disobedience. Each missed payment date is one count. Each denied visit date is one count. Each contact in violation of a restraining order can be one count.
• For each count, state the date of the violation and what the order required.
• Example for support: “Count 1: Child support due on [date] in the amount of [amount] was not paid.”
• Example for custody: “Count 2: Parenting time from [date, time] to [date, time] was denied.”
• Keep counts in chronological order. Use additional pages if needed. Title them “Attachment – Counts.”

5) Prove knowledge of the order.

• State how the citee knew about the order. For example, “The court served the order on [date],” or “The citee was present in court when the judge made the order.”
• If you have a proof of service for the order, attach it. Label it as a separate attachment.
• If the citee signed the order or stipulation, say so and attach it.

6) Prove ability to comply.

• Explain facts that show the citee could follow the order. Avoid guesses.
• For support, include facts about employment, income, or assets. Attach pay stubs, bank records, or similar proof if you have them.
• For custody, explain that there was no emergency or valid reason to deny time. Attach messages or logs that show refusal.
• For restraining orders, show that contact was voluntary and not accidental. Attach call logs, messages, or witness statements.

7) Show willful disobedience.

• State facts that show the citee chose not to comply. Use words like “refused,” “failed,” and “did not.”
• Example: “On [date], I arrived for pickup at [location] on time. The citee refused to release the child.”
• Example: “Despite demand on [dates], no payment posted.” Attach your payment ledger.

8) Request specific sanctions and relief.

• Ask for sanctions allowed by the court. You can request jail, fines, community service, or probation terms. You can request attorney’s fees and costs.
• For support, request purge conditions and a payment plan. State a monthly amount the citee can pay.
• Ask the court to order makeup parenting time for denied visits.
• If safety is at risk, ask for additional protective terms.

9) Complete the verification.

• Read your affidavit carefully. Everything must be true and based on your knowledge.
• Sign and date the verification under penalty of perjury. Use the correct county and state.
• If you used attachments, number them and refer to them in the affidavit text.

10) File the form with the court.

• Make at least two copies of everything. One copy is for you. One is for the citee.
• File the original with the clerk of the Superior Court where your case is. Pay any filing fee or request a fee waiver if eligible.
• Ask the clerk to present the order to a judge. The judge will set the hearing and sign the show cause order, if appropriate.

11) Get a hearing date and review the signed order.

• The judge or clerk will complete the hearing date, time, and department on the FL-410.
• Review the signed order. Note any advisements and rights language. Note any deadlines the court includes.

12) Arrange personal service.

• You must have the citee personally served with the signed FL-410, your affidavit, and all attachments. Include a copy of the underlying order.
• Do not serve the papers yourself. Use someone over 18 who is not a party. Consider a registered process server or a sheriff if available.
• Serve well in advance. Aim to complete the service at least 16 court days before the hearing. More time is safer.
• After service, have the server complete a proof of personal service. File it right away. Bring a copy to the hearing.

13) Prepare your evidence for the hearing.

• Organize exhibits. Use tabs and a simple index. Bring at least three sets: one for you, one for the court, and one for the citee or counsel.
• Prepare a short timeline. List each count with date and proof.
• Line up witnesses if needed. Arrange subpoenas for reluctant witnesses.
• Be ready to prove knowledge, ability, and willfulness for each count.

14) Attend the hearing and follow the procedure.

• Arrive early. Check in with the courtroom clerk.
• The court will advise the citee of rights. The citee may request counsel or time to get counsel. The court may continue the hearing if needed.
• When called, present your case clearly. Stick to facts. Refer to your exhibits by label. Avoid arguments about unrelated issues.
• If the citee raises defenses, listen and respond with facts and proof. If the defense is unable, press for specifics. Ask the court to require documentation.

15) Address sanctions and purge conditions.

• If the court finds contempt, be ready with proposed sanctions. Suggest fair purge conditions that promote compliance.
• For support, propose an immediate payment and an ongoing plan. Include due dates and amounts.
• For custody, propose makeup time with details. Keep the child’s best interest in mind.
• Ask for attorney’s fees and costs if appropriate. Bring billing records or a declaration.

16) Get the order and follow up.

• The court will issue orders at or after the hearing. Get a copy before you leave if possible.
• Calendar all deadlines. Track compliance.
• If the citee fails to appear, the court may issue a bench warrant. Ask how to proceed.
• If the citee violates purge terms, notify the court. Seek enforcement or additional sanctions.

17) Keep records and consider next steps.

• Maintain a file with all orders, proofs of service, payments, and communications.
• If ongoing violations continue, you may file a new contempt for new counts. Watch the filing deadlines for each violation.
• Consider other enforcement tools in parallel. Wage assignment, liens, license actions, or modifications can help.

Practical tips help your case. Keep your language simple and specific. Use dates, amounts, and quotes from messages. Avoid emotional language. Focus on what the order said and what happened. Use attachments to prove each point. If you are unsure about criminal exposure for the citee, expect the court to appoint counsel. Be patient with scheduling. Hearings may be continued to protect rights. Your goal is consistent compliance with the court’s orders. The FL-410 is a strong path to get there when the proof is solid and the service is proper.

Legal Terms You Might Encounter

• Order to Show Cause means the court orders someone to appear and explain. On this form, you ask the court to issue that order. The person you name must come to court and answer your claims.
• Affidavit means a sworn statement of facts. You sign under penalty of perjury. On this form, your affidavit explains each violation with dates and details.
• Contempt means a willful violation of a court order. You claim the other person knew the order and chose not to follow it. The judge decides if contempt occurred.
• Willful means the violation was intentional, not accidental or unavoidable. You show facts that point to choice, not inability. For support, you show the ability to pay and non-payment.
• Knowledge of the order means the person knew about the order. You can show this through personal service, their appearance in court, or their signature. Attach proof that they received or knew the order.
• Personal service means someone hand-delivers court papers to the person. For contempt, courts usually require it. You arrange a neutral adult to serve and sign a proof.
• Proof of service is a form that the server signs. It shows when, where, and how the person got the papers. You file it so the judge knows the court has authority over the person.
• Counts are the separate violations you list. Each missed payment or missed exchange can be one count. Clear counts help the judge set findings and penalties.
• Sanctions are the penalties the court may order after a contempt finding. Sanctions can include fines, community service, or jail time. The judge can also set purge terms to fix the harm.
• Purge conditions are steps the person can take to avoid or end punishment. For example, paying a stated amount by a date. You can request clear purge terms on this form.

FAQs

Do you need to attach the original order?

Yes. Attach a clear copy of each order you claim was violated. Include the signature page and any attachments that state the terms. If the order changed over time, attach the most recent version.

Do you have to list every missed payment or visit?

List each count you want the judge to consider. Give dates, amounts, and what was due. If you have many counts, use a numbered attachment that matches your summary on the form.

Do you serve the other person by mail?

Usually no. Contempt papers typically require personal service. Arrange for a neutral adult to hand-deliver the papers. File the signed proof of service with the court.

Do you need a lawyer to file this form?

No. You can file on your own. That said, contempt can carry serious penalties. Many people seek advice to make sure the affidavit is complete and accurate.

Do you pay a filing fee?

Fees vary by court and case type. Ask the clerk about any fees and fee waivers. If a fee applies, you can request a waiver based on your income.

Do you have to attend the hearing?

Yes. You should appear and bring your proof. If you do not appear, the court may drop your request. The other person must also appear unless excused.

What if the other person fixes the problem before the hearing?

Update the court in writing or at the hearing. You can reduce counts or ask to continue the hearing if issues remain. Do not dismiss the case unless you are satisfied with compliance.

Can you amend your filing if new violations happen?

Yes. You can submit an amended affidavit with new counts. You must file and serve it again. The judge can only consider counts that were properly served.

Checklist: Before, During, and After the FL-410

Before signing

• Gather the case number, court name, and judge’s department.
• Get a clean copy of the current order and any later modifications.
• Collect proof that the other person knew the order. Use filed proofs, minute orders, or signed orders.
• List each violation with dates and details. Include times, amounts, and locations.
• Calculate arrears for support. Show how you computed the principal and payments received.
• Save backup proof. Use bank records, pay stubs, messages, emails, calendars, and witness notes.
• Confirm the other person’s full legal name, address, and physical description if needed for service.
• Identify your witnesses and what they will say. Get their contact information.
• Decide what sanctions and purge conditions you will ask for.
• Check if you need language access or other accommodations. Plan ahead.
• Make a service plan with a neutral adult who can complete the proof of service.

During signing

• Verify the caption. Names, case number, and court address must match your case.
• Confirm your contact details are correct and current.
• Review each count for clarity. Use one event per count.
• Check dates, amounts, and locations for accuracy.
• Cite the exact language of the violated order in your attachments.
• Attach copies of the orders you rely on. Include signature pages.
• Label and paginate all attachments. Use simple titles and page numbers.
• Remove sensitive numbers. Redact account numbers except last four digits.
• State facts you know personally. Mark hearsay or records appropriately.
• Sign under penalty of perjury. Add the date and city where you signed.

After signing

• Make at least three copies. One for you, one to serve, and one spare.
• File with the clerk. Ask for a stamped copy with the hearing date.
• Calendar the hearing date and time right away.
• Arrange personal service well before the hearing.
• Give the server exact instructions and all required documents.
• Get the signed proof of service from your server.
• File the proof of service. Bring a copy to the hearing.
• Prepare a hearing binder. Include your affidavit, orders, exhibits, and notes.
• Plan your testimony. Practice a short timeline of what happened.
• Set reminders for any deadlines or compliance dates the court sets.

Common Mistakes to Avoid

Don’t skip attaching the governing order.

• Consequence: The clerk may reject your filing. The judge may deny contempt if the order is missing or unclear.

Don’t use vague claims without dates or amounts.

• Consequence: The court may dismiss counts that lack specifics. Your credibility can suffer.

Don’t rely on mail service for contempt papers.

• Consequence: The court may find no jurisdiction over the person. Your hearing could be delayed or dropped.

Don’t miscalculate support arrears.

• Consequence: Errors weaken your case. The judge may reject your numbers and limit sanctions.

Don’t forget to sign under penalty of perjury.

• Consequence: The filing is defective. You may need to refile and re-serve, losing time.

What to Do After Filling Out the Form

1. File with the court clerk. Bring the original and copies. Ask the clerk to stamp your copies and give you the hearing date and department. Confirm any filing fees or waivers.
2. Serve the other person. Use a neutral adult to hand-deliver the papers. Include the filed form, the attached orders, and any court notice with the hearing date. Give your server clear instructions and a deadline.
3. File proof of service. Once served, file the signed proof right away. Keep a copy for yourself. Bring another copy to the hearing.
4. Prepare for the hearing. Organize exhibits in order. Tab each count with supporting proof. Mark payments received and how you applied them. Prepare a short opening summary. Note the exact language of the order and how it was violated.
5. Consider settlement options. If the other person offers to comply, get specifics in writing. You can ask the court to adopt the agreement. You can also narrow or dismiss counts that are fully resolved.
6. Handle amendments if new violations occur. Draft an amended affidavit that adds only the new counts. Do not change already served counts without noting the changes. File and personally serve the amended papers.
7. Attend the hearing. Arrive early and check in. When called, speak clearly and stick to facts. Offer your exhibits and answer the judge’s questions directly. Ask for clear sanctions or purge terms if contempt is found.
8. Get the order after the hearing. Obtain the minute order or written order. Confirm any amounts due, deadlines, and purge conditions. Ask about future compliance hearings if set.
9. Follow up on compliance. Calendar all dates. Track payments and exchanges. If the person complies, note it. If they do not, keep records for future enforcement.
10. Maintain your file. Keep stamped copies, proofs of service, exhibits, and the court’s order together. Store digital copies securely. You may need them for later hearings.