3A STATE OF MISSOURI COUNTY OF ST. LOUIS ) ) ) SS IN THE FAMILY COURT OF ST. LOUIS COUNTY DOMESTIC VIOLENCE COURT STATE OF MISSOURI , Petitioner vs. , Respondent ) ) ) ) ) ) ) ) Cause No. __________________________ (same # as the Order of Protection) Division No. ___________ (same # as the Order of Protection) Respondent's Home Address: _______________________________________________ _______________________________________________ _______________________________________________ Respondent's Work Address: _______________________________________________ _______________________________________________ _______________________________________________ MOTION TO HOLD RESPONDENT IN CIVIL CONTEMPT (For Failure to Return Personal Property) Comes Now Petitioner, ________________________________________, and respectfully moves for this Court's Order citing Respondent, _________________________________________, for Contempt for Respondent's intentional and willful failure and refusal to return certain items of personal property, in violation of this Court's Full Order of Protection, issued on , 20____ (and extended on support of this Motion, Petitioner states as follows: 1. On ______________, 20 ____, this Court entered a Full Order of Protection (hereinafter "O/P") for Petitioner against Respondent, to last until ________________________, 20_____. 2. [On ________________ 20_____, this Court extended the Full Order of Protection, to last until ________________, 20_____.] 3. According to the provision(s) of the "O/P," this Court ordered Respondent to return certain personal belongings to Petitioner (as described in attached Exhibit A). , 20 _____________). In 1 American LegalNet, Inc. www.FormsWorkFlow.com 3A 4. The Order of Protection has at all times since its entry remained in full force and effect. 5. This Court retains jurisdiction over the Full Order of Protection for its entire duration. 6. Respondent has willfully failed and refused to comply with the Order and mandate of this Court in that Respondent has failed to return certain items of personal property to Petitioner (as described in attached Exhibit B). 7. Petitioner has made reasonable efforts to retrieve the items by available conventional remedies such as: written correspondence; through a third party; through his/her attorney; other: ________________________________________________________ ________________________________________________________ (Check all above boxes that apply.) 8. As a direct and proximate result of Respondent's deliberate and continuing violation of this Court's Order, Petitioner suffers and continues to suffer injury and hardship. The cost to replace each item is reflected on the attached Exhibit B. The total cost of these items is $ . 9. The terms of the O/P are enforceable by all remedies available at law for the enforcement of a judgment. This Court may punish a respondent who willfully violates an O/P to the same extent as provided by law for contempt of court. Section 455.090, R.S.Mo. WHEREFORE, Petitioner respectfully prays that this Honorable Court issue its Order citing Respondent for contempt; issue an order compelling Respondent to comply with all terms of the "O/P" including __________________________________________________ and ____________________________________________; and, failing that, issue an order confining Respondent in an appropriate penal institution until such time as Respondent purges himself of contempt by paying the total cost to replace the above mentioned item(s) which is $ ; and order Respondent to pay Petitioner's reasonable attorney's fees, expenses and court costs for this proceeding; and for such other and further orders, judgments and decrees as this Court deems just and proper in the premises. 2 American LegalNet, Inc. www.FormsWorkFlow.com 3A _________________________________________ Petitioner STATE OF MISSOURI COUNTY OF ST. LOUIS ) ) SS. ) I, Petitioner herein, hereby swear or affirm that that the facts in the foregoing Motion for Contempt are true and correct according to my best knowledge, information and belief. * Petitioner Sworn or affirmed before me this _____day of , 20 ____. Deputy Circuit Clerk/Notary Public (For Notary Publics) My Commission Expires: * NOTE: You should only sign your name on this line in the presence of a court clerk or a notary public. (A court clerk is always available at the Adult Abuse Office.) 3 American LegalNet, Inc. www.FormsWorkFlow.com