What is Virginia's version of a motion for contempt?

Virginia splits it by court. In Juvenile and Domestic Relations District Court, a parent files Form DC-635, Motion for Show Cause Summons or Capias, citing the support or custody statute at issue. In Circuit Court, enforcement of a divorce decree runs through a sworn motion or petition under Virginia Code section 8.01-274.1 instead. In either court, the filer must elect civil or criminal contempt.

What form does Virginia use to ask a court to hold someone in contempt?

In Juvenile and Domestic Relations District Court, Form DC-635 is used; it generates a DC-360 Show Cause Summons or a DC-631 Capias. In Circuit Court, Virginia Code section 8.01-274.1 allows a form prescribed by the Office of the Executive Secretary but does not require one, so the motion is typically drafted to meet that statute's content requirements.

How must a Virginia contempt motion be served on the other parent?

The motion or petition, with any affidavit, must be personally served, or served by substitute service under Virginia Code section 8.01-296(2), on the other party. Juvenile and Domestic Relations District Court show-cause summonses are served by a sheriff, deputy, police officer, or another court-designated suitable person; if the other party is outside Virginia and cannot be personally served, Virginia Code section 16.1-264 allows service by certified mail.

How many days' notice does a Virginia show cause hearing require?

No Virginia statute fixes a set number of days of notice before a show cause hearing. The court sets the hearing date when it issues the rule or summons, and the papers must be served on the other party before that date, so file and arrange service as early as possible.

Can a Virginia court send someone to jail for contempt?

It can, but a contempt finding and jail are never automatic. Summary criminal contempt is capped at a $250 fine and up to 10 days in jail absent a jury. Contempt tied to a support order can bring commitment of up to 12 months, but civil confinement continues only while compliance remains possible and ends once the person purges the contempt.

What if I could not afford to pay child support ordered by a Virginia court?

An inability to comply is a recognized defense. Civil contempt in Virginia is remedial and coercive rather than punitive, so a person who genuinely could not pay or comply can raise that at the show cause hearing rather than facing automatic confinement.

Why should a Virginia parent not withhold child support because the other parent denied parenting time?

Because that is not a lawful response to either problem. Withholding court-ordered support due to denied parenting time, or denying parenting time due to unpaid support, can itself be treated as contempt against the parent who does it.

Can Virginia help collect child support without filing for contempt?

Yes. Virginia's Division of Child Support Enforcement can pursue income withholding and, once an obligor is 90 days or $5,000 delinquent, petition to suspend a license, without a new contempt filing. These administrative tools can move faster than a court hearing.

Does a Virginia contempt motion change custody or the amount of support?

No. A contempt motion addresses only whether the existing order was violated. Changing the support amount or the custody or visitation schedule requires a separate request in the same case.

What if there is domestic violence in a Virginia contempt case?

A current safety risk should be addressed through Virginia's restraining order process rather than by confronting the other party directly or waiting for a show cause hearing to resolve it.

Virginia Motion for Contempt

Every Virginia filer must elect civil or criminal contempt on the papers, and the two tracks carry different limits: summary criminal contempt is capped at a $250 fine and 10 days in jail absent a jury, while contempt tied to a support order can bring commitment of up to 12 months.

Find out where you stand in Virginia

What court order is not being followed?

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Introduction

Virginia does not use a single, statewide 'motion for contempt.' In Juvenile and Domestic Relations District Court, a parent enforces a support, custody, or visitation order by filing Form DC-635, Motion for Show Cause Summons or Capias, which generates a DC-360 Show Cause Summons or a DC-631 Capias; the form cites Virginia Code section 16.1-278.16 for a support violation or section 16.1-292(A)(i) for a custody or visitation violation. In Circuit Court, enforcement of a divorce decree's own support, custody, or property terms runs instead through a sworn motion or petition under Virginia Code section 8.01-274.1, which does not require a specific state form; the motion must include facts identifying the violation with particularity and be sworn to or accompanied by an affidavit. In either court, the filer must affirmatively elect civil or criminal contempt and cite the statute relied on. The completed papers, along with any affidavit, must be personally served, or served by substitute service under Virginia Code section 8.01-296(2), on the other party; JDR show-cause summonses are served by a sheriff, deputy, police officer, or another court-designated suitable person, and if the other party is outside Virginia and cannot be personally served, Virginia Code section 16.1-264 allows service by certified mail. No statute fixes a set number of days of notice before a show-cause hearing; the court sets the hearing date when it issues the rule or summons, and service must happen before that date. At the hearing, the court decides whether the other party knew of the order, was able to comply, and disobeyed it anyway; a contempt finding and jail are never automatic, and an inability-to-comply defense can defeat the motion entirely, since a civil contemnor's confinement continues only while compliance remains possible. The two contempt tracks carry very different caps: summary criminal contempt is limited to a $250 fine and up to 10 days in jail absent a jury, while contempt tied to a support order, brought in JDR or through commitment under Virginia Code section 20-115 in Circuit Court, can bring up to 12 months of commitment. A JDR court may also award attorney fees and costs against either party based on relative financial ability. Do not withhold court-ordered support because parenting time was denied, and do not deny parenting time because support is unpaid; either move can itself be treated as contempt. This page does not cover changing the amount of support or the custody schedule; use DocDraft's child support modification and parenting plan pages for that. For unpaid child support, Virginia's Division of Child Support Enforcement can pursue income withholding and license suspension without a new contempt filing. If domestic violence or a safety risk is involved, use DocDraft's getting a restraining order guide instead of confronting the other party. The DC-635 form and the sworn motion required by Virginia Code section 8.01-274.1, not this page, control what is filed. Attorney review is available before filing.

Key Things to Know

1
Virginia splits this procedure by court. In Juvenile and Domestic Relations District (JDR) Court, a parent enforcing a support, custody, or visitation order files Form DC-635, Motion for Show Cause Summons or Capias, which generates a DC-360 Show Cause Summons or a DC-631 Capias. In Circuit Court, enforcement of a divorce decree runs through a sworn motion or petition under Virginia Code section 8.01-274.1 instead, and no specific state form is required there. Either way, the filer must elect civil or criminal contempt and cite the statute relied on.
2
The motion or petition and any affidavit must be personally served, or served by substitute service under Virginia Code section 8.01-296(2), on the other party; JDR show-cause summonses are served by a sheriff, deputy, police officer, or another court-designated suitable person, and if the other party is outside Virginia and cannot be personally served, Virginia Code section 16.1-264 allows service by certified mail. No statute sets a fixed number of days of notice before the hearing. The court sets the hearing date when it issues the rule or summons, and service must happen before that date, so file as early as possible.
3
In Circuit Court, the motion or petition must include facts identifying the violation with particularity and be sworn to, or accompanied by an affidavit setting out those facts, under Virginia Code section 8.01-274.1.
4
An inability-to-comply defense can defeat a civil contempt finding. Civil contempt is remedial, not punitive: confinement continues only while compliance remains possible, and the other party can raise a genuine inability to pay or comply as a defense at the hearing.
5
The two contempt tracks carry very different limits. Summary criminal contempt is capped at a $250 fine and up to 10 days in jail absent a jury (Virginia Code section 18.2-457). Contempt tied to a support order, in JDR under Virginia Code sections 16.1-278.16 and 16.1-292(B), or through commitment under Virginia Code section 20-115 in Circuit Court, can bring up to 12 months. A JDR court may also award attorney fees and costs against either party based on relative financial ability (Virginia Code section 16.1-278.19).
6
Do not withhold court-ordered support because parenting time was denied, and do not deny parenting time because support is unpaid. Either move is not a lawful response and can itself be treated as contempt.
7
This motion does not change how much support is owed or who has custody; a separate request handles that. Virginia's Division of Child Support Enforcement can pursue income withholding under Virginia Code section 20-79.1 and, once an obligor is 90 days or $5,000 delinquent, petition to suspend a license under Virginia Code section 63.2-1937, without a new contempt filing. If domestic violence or a safety risk is involved, use Virginia's restraining order process instead.

Key decisions before you file

Before you file a Motion for Contempt in Virginia, a few decisions shape the document: which option to choose and what each one means. The Motion for Contempt guide walks through them.

Open the Motion for Contempt guide

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COMMONWEALTH OF VIRGINIA CIRCUIT COURT OF [COUNTY OR CITY] Case No. [CASE NUMBER]

[MOVANT NAME], Movant, v. [RESPONDENT NAME], Respondent.

MOTION FOR RULE TO SHOW CAUSE

Movant, [MOVANT NAME], moves this Court for a rule directing [RESPONDENT NAME] to appear and show cause why Respondent should not be held in contempt of this Court's order, and states as follows:

ORDER VIOLATED. On [ORDER ENTRY DATE], this Court entered an order in this case requiring Respondent to [DESCRIPTION OF THE ORDER PROVISION, INCLUDING THE AMOUNT OR ACT REQUIRED].
KNOWLEDGE. Respondent had knowledge of this order because Respondent [HOW RESPONDENT LEARNED OF THE ORDER: PRESENT IN COURT, SERVED WITH A COPY, OR SIGNED AN AGREEMENT INCORPORATED INTO THE ORDER, WITH THE DATE].
TYPE OF CONTEMPT SOUGHT. Movant seeks a finding of [CIVIL OR CRIMINAL] contempt under Virginia Code section [CODE SECTION RELIED ON], and brings this motion under Virginia Code section 8.01-274.1.
VIOLATIONS. Respondent was able to comply with the order and failed to do so, without justification or excuse, as follows: a. On [DATE OF FIRST VIOLATION], Respondent failed to [DESCRIPTION OF THE ACT OR OMISSION], resulting in [AMOUNT OWED OR TIME MISSED]. b. On [DATE OF SECOND VIOLATION], Respondent failed to [DESCRIPTION OF THE ACT OR OMISSION], resulting in [AMOUNT OWED OR TIME MISSED]. c. [ADDITIONAL VIOLATION DATES, ACTS, AND AMOUNTS].
ARREARAGE. [SUPPORT ORDERS ONLY:] As of [DATE OF THIS MOTION], Respondent owes [DOLLAR AMOUNT] in unpaid support for the period from [START DATE] through [END DATE].
PRIOR PROCEEDINGS. Movant [HAS OR HAS NOT] previously sought a contempt finding against Respondent for these or related violations. [RESULT OF ANY PRIOR PROCEEDING, OR STATE NONE].

WHEREFORE, Movant asks this Court to: a. Issue a rule directing Respondent to appear on a date this Court sets and show cause why Respondent should not be held in contempt; b. Find Respondent in contempt of this Court's order; c. [SUPPORT ORDERS ONLY: Order Respondent to pay the arrearage stated above, and] set a purge condition by which Respondent may end any confinement by complying; d. Order Respondent to pay Movant's attorney fees and costs; e. Grant any other relief this Court deems appropriate.

VERIFICATION

I, [MOVANT NAME], being first duly sworn, state under oath that the facts stated in this motion are true, as required by Virginia Code section 8.01-274.1.

[SIGNATURE OF MOVANT] [PRINTED NAME OF MOVANT] [ADDRESS] [CITY, VIRGINIA ZIP] [PHONE] [EMAIL]

Subscribed and sworn to before me on [DATE] in [COUNTY OR CITY], Virginia.

[SIGNATURE AND TITLE OF OFFICER ADMINISTERING THE OATH]

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE], the rule to show cause entered by this Court, together with this motion and any affidavit, was personally served, or served by substitute service under Virginia Code section 8.01-296(2), on [RESPONDENT NAME] by [NAME AND ROLE OF THE PERSON WHO SERVED IT].

[SIGNATURE] [NAME]

Virginia Requirements for Motion for Contempt

Two-Track Procedure, No Single Statewide Form
Virginia enforces family orders differently by court. Juvenile and Domestic Relations District Court uses Form DC-635, Motion for Show Cause Summons or Capias, generating a DC-360 Show Cause Summons or DC-631 Capias. Circuit Court enforcement of a divorce decree runs through a sworn motion or petition under Virginia Code section 8.01-274.1, which does not require a specific state form.
Civil or Criminal Contempt Election Required
In either court, the filer must affirmatively elect civil or criminal contempt and cite the Virginia Code section relied on, rather than filing a generic contempt request.
Personal or Substitute Service Required
The motion or petition, along with any affidavit, must be personally served, or served by substitute service under Virginia Code section 8.01-296(2), on the other party. Juvenile and Domestic Relations District Court show-cause summonses are served by a sheriff, deputy, police officer, or another court-designated suitable person; if the other party is outside Virginia and cannot be personally served, Virginia Code section 16.1-264 allows service by certified mail.
No Fixed Notice Period Before the Hearing
No Virginia statute sets a specific number of days of notice before a show cause hearing. The court sets the hearing date when it issues the rule or summons, and service on the other party must occur before that date.
Sworn Motion or Affidavit Required in Circuit Court
A Circuit Court motion or petition under Virginia Code section 8.01-274.1 must include facts identifying the violation with particularity and be sworn to, or accompanied by an affidavit setting forth those facts.
Escalating Jail Caps by Contempt Type
Summary criminal contempt is capped at a $250 fine and up to 10 days in jail absent a jury under Virginia Code section 18.2-457. Contempt tied to a support order, under Virginia Code sections 16.1-278.16 and 16.1-292(B) in Juvenile and Domestic Relations District Court, or through commitment under Virginia Code section 20-115 in Circuit Court, can bring up to 12 months.
Purge Condition for Civil Contempt
Civil contempt confinement is coercive rather than punitive and continues only until the contempt is purged, such as by paying the support arrearage or complying with the order, or as the court directs in the particular case.
Discretionary Attorney Fees in JDR
A Juvenile and Domestic Relations District Court may award attorney fees and costs to either party based on the relative financial ability of the parties and other relevant factors, under Virginia Code section 16.1-278.19.
Support Enforcement Agency Alternative
Virginia's Division of Child Support Enforcement can pursue income withholding under Virginia Code section 20-79.1 and, once an obligor is 90 days or $5,000 delinquent, petition to suspend a license under Virginia Code section 63.2-1937, without a new contempt filing.

Find out where you stand in Virginia

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Contempt Template with DocDraft

Virginia Requirements for Motion for Contempt

Two-Track Procedure, No Single Statewide Form

Civil or Criminal Contempt Election Required

Personal or Substitute Service Required

No Fixed Notice Period Before the Hearing

Sworn Motion or Affidavit Required in Circuit Court

Escalating Jail Caps by Contempt Type

Purge Condition for Civil Contempt

Discretionary Attorney Fees in JDR

Support Enforcement Agency Alternative

Frequently Asked Questions