Dec82025
Family Law Q&A Series

How can I file a contempt of court motion in a pending family law case, and what supporting proof should I include? – North Carolina

Short Answer

In a North Carolina family law case, civil contempt is usually started by filing a written, sworn motion in the existing district court case, then having the other party served with a notice of hearing or an order to show cause. The motion should clearly identify the existing court order, describe each violation, and attach solid proof such as prior orders, payment records, messages, and witness statements. The motion must be verified or supported by affidavit, so notarization matters, and it is filed in the same county where the family order was entered.

Understanding the Problem

The specific issue is how a party in a pending North Carolina family law case can seek civil contempt when the other side is not following an existing court order, and what proof must go with that filing. The question focuses on the steps to file the motion in district court, how to structure it, and the role of notarization or verification. It also raises whether an attorney outside the county where the case is pending can review the draft motion and help finalize it before filing.

Apply the Law

Under North Carolina law, civil contempt is used to enforce an existing family court order, such as custody, child support, alimony, or other domestic obligations. Proceedings happen in district court in the county where the order was entered, and they are started by a motion and sworn statement or by an order to show cause that sets a hearing date. The statutes require proper written notice, service on the alleged contemnor, and proof of specific elements, including that the order is in effect, the violation is willful, and the person can comply.

Key Requirements

  • Valid, enforceable order: There must be a clear, existing court order in force, such as a custody, support, or alimony order, that has not been suspended or replaced.
  • Willful violation and ability to comply: The motion must allege that the other party knowingly failed to follow the order and currently has, or recently had, the ability to comply or take reasonable steps toward compliance.
  • Sworn motion and proper notice: The contempt motion must be verified or supported by affidavit, filed in the existing case, and served with at least five days’ notice of the civil contempt hearing, unless the court finds good cause for less time.

What the Statutes Say

Analysis

Apply the Rule to the Facts: In the described situation, the party already has a pending family law case and a prior court order in the same file, so the contempt motion would be filed under that existing case number in district court. Because the paperwork is already drafted, it should be checked to ensure it is verified (signed under oath before a notary) and that it clearly alleges willful violations and current ability to comply. An attorney located outside the county where the case is filed can typically review, revise, and help finalize the motion and affidavit, as long as the attorney is licensed in North Carolina and familiar with that county’s local rules.

Process & Timing

  1. Who files: The aggrieved party in the family case. Where: In the North Carolina District Court in the county where the family order was entered. What: A verified “Motion for Civil Contempt” (often combined with a request for an “Order to Show Cause” or a request for a civil contempt hearing). When: After the other party has violated the order and the violations are clear and ongoing; the motion and notice or show cause order must be served at least five days before the hearing date unless the court allows a shorter period.
  2. Once filed, the party or the clerk obtains a hearing date or order to show cause from the district court judge. The motion, sworn statement, and the notice or show cause order are then formally served on the other party, typically by sheriff or another method allowed by the Rules of Civil Procedure. Timeframes can vary by county docket and judge availability.
  3. At the hearing, the judge hears sworn testimony and reviews exhibits such as the prior order, payment ledgers, messages, calendars, or other records. If civil contempt is found, the judge enters a written order making findings on each element and setting specific “purge” conditions the contemnor must meet to come back into compliance.

Exceptions & Pitfalls

  • If the original order is vague, expired, or superseded, a civil contempt motion may fail; enforcement usually requires a clear, current order with specific obligations and dates.
  • Failing to verify the motion or provide a supporting affidavit can undermine the proceeding, because the statutes contemplate a sworn statement as the basis for civil contempt.
  • Insufficient proof of willfulness and ability to comply—such as no payment records, no detailed visitation logs, or no documentation of communication—can lead to denial of contempt even if there were technical violations.
  • Improper or late service of the notice or show cause order can delay the hearing or cause dismissal, so compliance with the five‑day notice requirement and service rules is important.
  • Using criminal contempt forms or language by mistake can create confusion; family enforcement actions that seek to coerce future compliance, rather than punish past conduct, generally proceed as civil contempt.

Conclusion

To pursue civil contempt in a pending North Carolina family law case, the aggrieved party files a verified motion in district court under the existing case, identifying the specific order, each willful violation, and the other party’s ability to comply. The motion should attach clear proof, such as the prior order, payment or account records, written communications, and any supporting affidavits. The next critical step is to file the sworn motion in the issuing county and ensure timely, proper service of the motion and hearing notice or show cause order.

Talk to a Family Law Attorney

If someone in a North Carolina family case is not following a custody, support, or other domestic order and a contempt motion is being considered, our firm has experienced attorneys who can help review the paperwork, ensure it is properly verified, and explain the local filing and service rules. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Family Law Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.