Ohio Motion for Contempt
Ohio's own contempt form lets the movant choose certified mail instead of personal service, and a first contempt offense carries up to a $250 fine and 30 days in jail, while coercive imprisonment under a separate statute lasts only until the accused performs an act they can still perform.
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Introduction
Ohio calls this a Motion for Contempt, filed together with a proposed Show Cause Order and Notice in the Court of Common Pleas, Domestic Relations Division, or in Juvenile Court for parents who were never married. The Supreme Court of Ohio's own statewide forms are Uniform Domestic Relations Form 24, or Uniform Juvenile Form 3, titled Motion for Contempt, Affidavit, and Instructions for Service, paired with Form 25, or Juvenile Form 4, the Show Cause Order and Notice; support or parenting-time violations may also be filed as a contempt action under Ohio Rev. Code section 2705.031. Ohio Civil Rule 84 requires every Ohio court to accept these forms, but they are not adopted for mandatory use, so a county may layer its own cover sheet on top of them. Unlike states that require personal service because liberty is at stake, Ohio's own form does not: the Instructions to the Clerk on Form 24 let the filer choose certified mail, return receipt requested, or issuance to the county sheriff for personal or residence service. Ohio's contempt statutes, sections 2705.02, 2705.031, and 2705.05, and Forms 24 and 25 do not set a fixed number of days of notice before the show cause hearing; the judge or magistrate fills in the hearing date on Form 25, and a local county rule may set a notice period, so confirm the deadline with the clerk before filing. Because the proceeding is quasi-criminal, the summons must also tell the accused of the right to counsel and, if indigent, a 3-business-day deadline to request a public defender or appointed counsel. If the court finds contempt, the penalty escalates with each prior finding: a fine of up to $250 and up to 30 days in jail for a first offense, up to $500 and 60 days for a second, and up to $1,000 and 90 days for a third or later offense; when the contempt is failing to do an act the accused can still perform, the court can also order coercive imprisonment until the accused performs it, and courts typically set a purge condition the accused can meet to end it. For spousal support, child support, and parenting-time contempt alike, the court must order the person found in contempt to pay the movant's court costs and reasonable attorney's fees, and a parent denied parenting time may also request compensatory parenting time. None of this is automatic. The court decides after a hearing; an order plus proof of noncompliance is treated as evidence of contempt, and inability to pay is a defense that can defeat the motion, with the burden of proving that inability on the accused. Do not withhold child support because parenting time was denied, and do not deny parenting time because support is unpaid; either can itself be treated as contempt. For unpaid support, the county Child Support Enforcement Agency, working with the Ohio Department of Job and Family Services' Office of Child Support, can pursue income withholding, license suspension, and other collection tools without a contempt filing. This page does not cover changing the amount of support or the parenting schedule; use DocDraft's child support modification and parenting plan pages for that. If domestic violence or a safety risk is involved, use DocDraft's getting a restraining order guide instead of confronting the other party. The Supreme Court of Ohio's own forms, not this page, control what is filed. Attorney review is available before filing.
Key Things to Know
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Ohio calls this a Motion for Contempt, paired with a Show Cause Order and Notice, filed in the Court of Common Pleas, Domestic Relations Division, or in Juvenile Court for never-married parents. The Supreme Court of Ohio's statewide forms are Uniform Domestic Relations Form 24, or Juvenile Form 3, and Form 25, or Juvenile Form 4; Ohio Civil Rule 84 requires every court to accept them but does not make them mandatory.
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Ohio's own form does not require personal service. The Instructions to the Clerk on Form 24 let the filer choose certified mail, return receipt requested, or issuance to the county sheriff for personal or residence service.
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Ohio's contempt statutes, sections 2705.02, 2705.031, and 2705.05, and Forms 24 and 25 do not set a fixed number of days of notice before the show cause hearing. The judge or magistrate fills in the hearing date on Form 25, and a local county rule may set a notice period, so confirm the deadline with the clerk before filing.
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Because the proceeding is quasi-criminal, the summons must tell the accused of the right to counsel and, if indigent, a 3-business-day deadline to request a public defender or appointed counsel (Ohio Rev. Code section 2705.031(C)).
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If the court finds contempt, the penalty escalates with each prior finding under Ohio Rev. Code section 2705.05(A): a fine of up to $250 and up to 30 days in jail for a first offense, up to $500 and 60 days for a second, and up to $1,000 and 90 days for a third or later offense. When the contempt is failing to do an act the accused can still perform, coercive imprisonment until the accused performs it is also available, and courts typically set a purge condition the accused can meet to end it (Ohio Rev. Code section 2705.06). For spousal support, child support, and parenting-time contempt alike, the court must order the person found in contempt to pay the movant's court costs and attorney's fees, and compensatory parenting time is available for interference with parenting time.
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Inability to pay is a defense that can defeat the motion, but the burden of proving inability to pay falls on the accused, not the filer; an order plus proof of noncompliance is treated as evidence of contempt. A contempt finding and jail are never automatic; the court decides after a hearing.
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Do not withhold child support because parenting time was denied, and do not deny parenting time because support is unpaid; either can itself be treated as contempt. For unpaid support, the county Child Support Enforcement Agency can pursue income withholding and other collection tools without a contempt filing. This page does not cover changing support or the parenting schedule, and a domestic violence or safety concern should go through a protective order instead.
Key decisions before you file
Before you file a Motion for Contempt in Ohio, a few decisions shape the document: which option to choose and what each one means. The Motion for Contempt guide walks through them.
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Ohio Requirements for Motion for Contempt
Motion for Contempt on Form 24 and Form 25, Not Mandatory
The motion is filed on the Supreme Court of Ohio's Uniform Domestic Relations Form 24, or Juvenile Form 3, Motion for Contempt, Affidavit, and Instructions for Service, together with a proposed Form 25, or Juvenile Form 4, Show Cause Order and Notice. Ohio Civil Rule 84 requires every court to accept these forms but does not make them mandatory. A Request for Service on Form 28, or a Health Care Bills Explanation on Form 29 or Juvenile Form 8, may also be required.
Certified Mail or Sheriff Service, Not Personal Service Only
Form 24's Instructions to the Clerk let the filer choose certified mail, return receipt requested, or issuance to the county sheriff for personal or residence service. Ohio Rev. Code section 2705.031(D) defers to ordinary Civil Rule service rather than requiring personal service.
No Statewide Notice-Days Period
Ohio's contempt statutes, sections 2705.02, 2705.031, and 2705.05, and Forms 24 and 25 do not set a minimum number of days of notice before a show cause hearing. Form 25 leaves the hearing date blank for the judge or magistrate to complete, and a local county domestic relations rule may set a notice period, so confirm it with the clerk.
Right-to-Counsel Notice and 3-Business-Day Deadline
Because the proceeding is quasi-criminal, Ohio Rev. Code section 2705.031(C) requires the summons to notify the accused of the right to counsel and, if indigent, a 3-business-day deadline to request a public defender or court-appointed counsel.
Notarized Oath or Affirmation
Form 24 is captioned Motion for Contempt, Affidavit, and Instructions for Service and closes with an oath or affirmation that the facts stated are true, accurate, and complete, sworn or affirmed before a notary.
Escalating Fine and Jail Caps by Offense Number
Ohio Rev. Code section 2705.05(A) caps the penalty by prior offense count: a fine of up to $250 and up to 30 days in jail for a first offense, up to $500 and 60 days for a second, and up to $1,000 and 90 days for a third or later offense. Section 2705.06 separately allows coercive imprisonment, when the contempt is failing to do an act the accused can still perform, until the accused performs it; courts typically set a purge condition the accused can meet to end it.
Mandatory Attorney's Fees and Costs to the Movant
Ohio Rev. Code sections 3105.18(G), 3109.05(C), and 3109.051(K) each require, rather than merely permit, the court to assess court costs and reasonable attorney's fees against the person found in contempt of a spousal support, child support, or parenting-time order.
Compensatory Parenting Time
Ohio Rev. Code section 3109.051(K) lets the court award reasonable compensatory parenting time to a parent whose parenting time was interfered with, governed to the extent possible by the same terms as the parenting time that was denied, when it is in the child's best interest.
Ability-to-Pay Defense, Burden on the Accused
An order plus proof of noncompliance is treated as evidence of contempt, but inability to pay is a defense, and the burden of proving that inability falls on the accused, not the movant, as the Ohio Supreme Court confirmed in Liming v. Damos.