Idaho Motion for Contempt

Introduction

Key Things to Know

1. 1

   Idaho calls this a motion and affidavit for contempt, or, if the judge acts alone, a written charge of contempt; Idaho Rule of Civil Procedure 75 expressly forbids starting a contempt case with an order to show cause. There is no mandatory statewide form; the Idaho Court Assistance Office's generic Motion (CAO_CvPi_4-1x), Notice of Hearing (CAO_CvPi_4-2x), Order (CAO_CvPi_4-4x), and Affidavit (CAO_CvPi_4-17x) forms are what courts and Idaho Legal Aid point filers to.

2. 2

   If the respondent is already a party to the case, notice of the hearing may be served by mail under Rule 5(b) unless the court orders personal service; if not yet a party, service follows the summons rules in Rule 4. Notice must be served no later than 7 days before the initial appearance, unless the court orders otherwise, and if the respondent denies the charge, the case is set for trial with at least 14 days to prepare.

3. 3

   Idaho splits every contempt case into two tracks with different proof standards: a civil sanction requires proof of every element and of the respondent's present ability to comply, by a preponderance of the evidence, while a criminal sanction requires proof beyond a reasonable doubt.

4. 4

   General contempt carries a fine of up to $5,000 and up to 5 days in jail; disobeying a child support order specifically allows up to 30 additional days in jail on top of the fine, and consecutive criminal sanctions across multiple counts in one proceeding cannot exceed 6 months unless the respondent was given or waived a jury trial.

5. 5

   If the contempt is a failure to do an act still in the respondent's power, the court may jail the respondent until it is done, with that act specified; jail is not a punishment the filer picks, and the court alone decides whether contempt occurred. The court may also award attorney's fees and costs to whichever side wins the contempt proceeding, regardless of the sanction imposed.

6. 6

   A respondent can defend a civil sanction by proving, by a preponderance of the evidence, a present inability to comply, or defend a criminal sanction by raising a reasonable doubt about their ability to comply at the time of the violation; lack of knowledge of the order and lack of jurisdiction are also listed defenses.

7. 7

   Do not withhold child support because parenting time was denied, and do not withhold parenting time because support is unpaid; either can itself be treated as contempt. The Idaho Department of Health and Welfare, Child Support Services can enforce support without a private motion, and a parenting time only dispute may move faster through the separate, non-contempt enforcement petition under Idaho Rule of Family Law Procedure 816.

Idaho Requirements for Motion for Contempt

• Motion and Affidavit Required, No Order to Show Cause

  Contempt proceedings brought by anyone other than a judge must be commenced by a motion and affidavit; Idaho Rule of Civil Procedure 75(c)(2) expressly bars starting the case with an order to show cause. A judge may instead initiate contempt on their own with a written charge served on the respondent.

• No Mandatory Form, But Generic Forms Available

  No statewide mandatory or dedicated contempt form exists. The Idaho Court Assistance Office's generic Motion (CAO_CvPi_4-1x), Notice of Hearing (CAO_CvPi_4-2x), Order (CAO_CvPi_4-4x), and Affidavit (CAO_CvPi_4-17x) forms are used for a contempt filing.

• Service Method Depends on Party Status, With 7 Days Notice

  If the respondent is already a party to the case, service may be by mail under Rule 5(b) unless the court orders personal service; if not yet a party, service follows the summons rules in Rule 4. Notice of the hearing must be served at least 7 days before the initial appearance, unless the court orders otherwise (I.R.C.P. 75(d)(1)-(3)).

• 14 Days to Prepare for Trial If the Charge Is Denied

  If the respondent denies the charge of contempt, the matter must be set for a trial, and the respondent must be given at least 14 days to prepare for it, unless otherwise ordered by the court (I.R.C.P. 75(g)(2)).

• Civil and Criminal Sanctions Use Different Burdens

  To impose a civil sanction, the court must find by a preponderance of the evidence that every element of contempt is proved and that the respondent has the present ability to comply. A criminal sanction requires proof beyond a reasonable doubt (I.R.C.P. 75(h)(1)-(2), 75(j)(1)-(2)).

• Jail and Fine Caps, With a Purge Condition

  General contempt allows a fine of up to $5,000 and up to 5 days in jail; disobeying a child support order allows up to 30 additional days in jail on top of the fine (Idaho Code Sec. 7-610). Consecutive criminal sanctions across multiple counts in one proceeding cannot exceed 6 months unless the respondent was given or waived a jury trial (I.R.C.P. 75(i)(1)), and a jail order confining someone until they perform an act must specify that act (Idaho Code Sec. 7-611).

• Discretionary Attorney's Fees to the Prevailing Party

  The court may, in its discretion, award attorney's fees and costs to the prevailing party in the contempt proceeding, regardless of whether the court imposes a civil sanction, a criminal sanction, or no sanction at all (Idaho Code Sec. 7-610; I.R.C.P. 75(m)).

• Present-Ability-to-Comply and Related Defenses

  A respondent may raise a present inability to comply as a defense to a civil sanction, or an inability to comply at the time of the violation as a defense to a criminal sanction, along with lack of knowledge of the order, lack of personal jurisdiction, or lack of jurisdiction to issue the order (I.R.C.P. 75(h)(1)).

• Each Instance Stated Separately, With Notice or Knowledge of the Order

  The motion must set forth the specific facts of each instance of alleged contempt separately, and, for an order violation, allege that the respondent was served with the order or had actual knowledge of it; the motion does not need to allege that the noncompliance was willful (I.R.C.P. 75(c)(3)).