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The FL-412 form serves a crucial role in the context of family law, particularly regarding allegations of contempt related to domestic violence, custody, and visitation issues. This document allows individuals to formally assert that another party has violated a court order. Such violations may include actions like harassment or failure to respect physical distance requirements as dictated by the court. With the FL-412, individuals must provide specific details about the purported violations, including the type of behavior that violates the order, the dates of these incidents, and any relevant background information. Additionally, the form can be supplemented with attachments to clarify and elaborate on the circumstances surrounding each violation. Complying with the requirements of this form is essential for individuals seeking to bring legal action against a violator, as it assists courts in understanding the context and severity of the situation, ultimately impacting custody decisions and protective orders. Accurately completing the FL-412 is integral to ensuring one’s rights are protected and that the legal system can effectively respond to concerns surrounding safety and compliance with court directives.

Fl412 Example

Continued on Attachment 4. by failure to complete

FL-412

PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT:

OTHER PARENT:

CASE NUMBER:

1.

AFFIDAVIT OF FACTS CONSTITUTING CONTEMPT

Domestic Violence/Custody and Visitation

Attachment to Order to Show Cause and Affidavit for Contempt (form FL-410)

The Citee has violated the restraining order issued on (date):by contacting, molesting, harassing, attacking, striking, threatening, sexually assaulting, battering, telephoning, sending any messages to, following, stalking, destroying the personal property of, disturbing the peace of, keeping under surveillance, or blocking movements in public places and thoroughfares of me or any other person protected by the restraining order. (Specify which order was violated, how the order was violated, and when the violation occurred):

2.

3.

 

 

Continued on Attachment 1.

The Citee has violated the restraining order issued on (date):

 

by not moving from and

staying away from the residence as ordered by the court. (Specify how the order was violated and when the violation occurred):

Continued on Attachment 2.

The Citee has violated the restraining order issued on (date):by not staying

(specify):yards away from me, the other protected persons, my residence, my place of work, the children's school or place of child care, my vehicle, or other (specify):

(Specify which order was violated, how the order was violated, and when the violation occurred):

4.

5.

6.

7.

 

 

Continued on Attachment 3.

The Citee has violated the restraining order issued on (date):

 

by not relinquishing his

or her firearm(s) as ordered by the court. (Specify which order was violated, how the order was violated, and when the violation occurred):

The Citee has violated the restraining order issued on (date):

court-ordered batterer's treatment/anger management class (specify how the order was violated):

Continued on Attachment 5.

The Citee has violated order issued on (date):by violating the following custody or visitation order (specify which order was violated, how the order was violated, and when the violation occurred):

 

 

 

Continued on Attachment 6.

The Citee has violated the order issued on (date):

by violating other orders (specify which

order was violated and how the order was violated):

 

 

 

 

 

 

Continued on Attachment 7.

 

 

 

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:

(TYPE OR PRINT NAME)

(SIGNATURE)

Page 1 of 1

Form Adopted for Mandatory Use

Judicial Council of California FL-412 [Rev. January 1, 2003]

AFFIDAVIT OF FACTS CONSTITUTING CONTEMPT Domestic Violence/Custody and Visitation

Family Code, § 292; Code of Civil Procedure,

§§1211.5, 2015.5 www.courtinfo.ca.gov

Form Characteristics

Fact Name Description
Form Purpose The FL-412 form serves as an affidavit for individuals to outline facts that demonstrate contempt regarding domestic violence, custody, and visitation orders.
Governing Law This form is authorized under California Family Code § 292 and Code of Civil Procedure §§ 1211.5 and 2015.5.
Respondent Information The form requires detailed identification of the respondent, including their relation to the case (e.g., defendant or other parent).
Violation Specification Petitioners must specify the restraining order violated, describing the manner of violation and the date it occurred.
Attachments The FL-412 form refers to several attachments (1 through 7) for additional details related to the violations.
Signature Requirement The form must be signed and dated by the petitioner, affirming the truth of the statements under penalty of perjury.

Guidelines on Utilizing Fl412

Filling out the FL-412 form requires careful attention to detail and specific information regarding any violations related to a restraining order. This form is typically used in family law cases and must be completed thoroughly to ensure the court can address the matter appropriately.

  1. Start with the basic information: Enter your name, the name of the respondent or defendant, any other parent involved, and the case number at the top of the form.
  2. Complete the affidavit of facts: List each violation of the restraining order in separate sections. Specify the date of the violation and detail how the order was violated.
  3. Identify the type of violation: Use the provided prompt to detail the nature of the contempt. This may include contacting you, staying away from specific locations, or issues related to firearms.
  4. Add additional information: If necessary, continue your responses on the attachments mentioned, ensuring you reference each attachment correctly.
  5. Review your details: Check your work for accuracy. Ensure all sections are complete and that you have not made any typographical errors.
  6. Declare your statement: Sign and date the form at the end, confirming that the information provided is true and correct.
  7. Submit the form: File the completed FL-412 form with the appropriate court clerk. Keep a copy for your records.

What You Should Know About This Form

What is the FL-412 form used for?

The FL-412 form, also known as the Affidavit of Facts Constituting Contempt, is primarily used in California to document violations of court orders related to domestic violence, custody, and visitation. When a party believes that the other has failed to comply with a restraining order or other court orders, they can use this form to formally report those violations. This process serves to initiate contempt proceedings, allowing the aggrieved party to seek enforcement of the court's decisions.

Who can file an FL-412 form?

Any individual who is a party to a court order can file the FL-412 form. This usually includes the petitioner or plaintiff, as well as the respondent or defendant in a domestic violence and family law context. The form is specifically designed for those who have been protected under a restraining order to assert that the other party has breached the terms set forth by the court.

What information must be included in the FL-412 form?

The FL-412 requires detailed information regarding the violations of the court orders. Parties must specify the exact order that was violated, describe how the violation occurred, and provide the date when the violation took place. It is important to be accurate and thorough, as this information supports the request for contempt and potential enforcement actions by the court.

What happens after the FL-412 form is filed?

Once the FL-412 form is filed with the court, a hearing will generally be scheduled to address the alleged violations. The other party, known as the citee, will be notified and given an opportunity to respond. Depending on the circumstances and evidence, the court may find the citee in contempt, enforce the original orders, impose penalties, or take other necessary actions to ensure compliance.

Can I represent myself when filing an FL-412 form?

Yes, individuals have the right to represent themselves in court proceedings, including when filing an FL-412 form. However, navigating legal processes can be complex. Therefore, even if self-representation is an option, many find it beneficial to seek legal advice or assistance to ensure that all necessary procedures are followed correctly and effectively.

Common mistakes

Completing the FL-412 form can be challenging, and mistakes can lead to delays or complications in legal proceedings. One common error occurs when individuals fail to provide sufficient detail about the violations. Clearly specifying how the restraining order was violated, along with relevant dates, is crucial. Without this information, the court may struggle to understand the situation, which could hinder the effectiveness of the petition.

Another frequent mistake involves neglecting to attach necessary documents. The FL-412 form references various attachments that must detail specific incidents related to the violation of a restraining order. Skipping this step can result in an incomplete submission, forcing the court to request additional information later.

People often overlook the importance of accurately filling out personal and case information. Discrepancies in names, case numbers, or other identifying details can lead to confusion in court records. Ensuring that these sections are filled out correctly is vital for smooth navigation through the legal process.

Additionally, individuals sometimes fail to proofread their submissions. Simple typographical errors or unclear language can compromise the clarity of the form. An unclear submission may cause judges to misinterpret the information provided, potentially affecting the outcome.

Another major error involves not signing the form. The declaration under penalty of perjury adds weight to the information given, and an unsigned document may not hold up in court. It is imperative to not only type or print a name but also provide a valid signature to validate the petition.

In some cases, people do not take the time to understand the requirements for each section of the form. Each part of the FL-412 calls for specific information that directly impacts the effectiveness of the request. Misinterpretation can lead to missed opportunities for addressing crucial aspects of the case.

Finally, failing to keep a copy of the submitted form is a mistake that can create complications. When individuals do not retain a copy, they may struggle to reference what they submitted in future proceedings. Keeping documentation helps ensure that all details remain available for review or further actions in the ongoing legal process.

Documents used along the form

When dealing with the FL-412 form, which pertains to the affidavit of facts constituting contempt in domestic violence and custody and visitation cases, certain other forms may be necessary to support the process. Below is a list of relevant forms often used in conjunction with FL-412.

  • FL-410: Order to Show Cause and Affidavit for Contempt - This document initiates proceedings to hold someone in contempt of court. It outlines the reasons for the contempt and requests a hearing.
  • FL-300: Request for Order - This form is used to ask the court for various types of orders, including those related to custody, visitation, or family law matters.
  • FL-341: Child Custody and Visitation Order - It provides detailed information about child custody arrangements and visitation rights, ensuring clarity in custody agreements.
  • FL-144: Declaration of Disclosure - This form is to disclose necessary financial information, typically relevant in custody disputes where financial considerations are involved.
  • FL-150: Income and Expense Declaration - This document helps provide a detailed account of income and expenses to aid in financial decisions related to custody or support during legal proceedings.
  • FL-195: Child Custody Recommendation - It presents the recommendations of a child custody evaluator or mediator regarding child custody and visitation arrangements.
  • FL-316: Notice of Motion - This form is designed to give notice to all parties involved about motions that will be heard in court, ensuring they have an opportunity to respond.

The above forms assist in navigating the complexities of family law cases. Each document plays a distinct role and can significantly impact the outcome of court proceedings. Properly preparing these forms is crucial for ensuring that all parties' rights and responsibilities are clearly outlined and understood.

Similar forms

The FL-412 form, which serves as an affidavit for contempt related to domestic violence, custody, and visitation issues, shares similarities with several other legal documents. Here are six such documents:

  • FL-410 - Order to Show Cause and Affidavit for Contempt: This form is closely related to FL-412 as it also addresses violations of court orders. Both forms require details about the alleged contempt and are often filed together to initiate court proceedings against the offending party.
  • FL-300 - Request for Order: Like the FL-412, this form allows a petitioner to seek court orders for various family law matters. The FL-300 can also be used to enforce compliance with existing orders, making them functionally similar in terms of legal action.
  • FL-150 - Income and Expense Declaration: This document is vital during family law proceedings, particularly for contempt related to child support. Both forms aim to uphold court orders and require detailed financial disclosures under certain circumstances.
  • FL-105 - Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act: This form is necessary when custody or visitation issues cross state lines. It is similar to FL-412 in that it addresses compliance with and violations of custody orders.
  • FL-155 - Child Support Case Registry Form: Used for child support matters, this form helps register important case information. The intent parallels that of the FL-412 in ensuring compliance with court orders related to child support and custody.
  • FL-195 - Responsive Declaration to Request for Order: This document is filed by the responding party in cases initiated with a request for order. It serves the same overall purpose of determining the truth of claims regarding order violations, creating a direct link to the aims of the FL-412.

Dos and Don'ts

When filling out the FL-412 form, there are essential dos and don'ts to keep in mind. This ensures accuracy and helps maintain the integrity of your application. Here’s a helpful list:

  • Do read the form carefully and understand each section before filling it out.
  • Do clearly state the details of any violations, including dates and specific incidents.
  • Do print legibly or type your information to ensure it's easy to read.
  • Do sign and date the form before submitting it.
  • Do keep copies of the completed form for your records.
  • Don't leave any sections blank unless instructed to do so.
  • Don't provide vague descriptions of incidents; detail is crucial.
  • Don't rush through the form; take your time to ensure accuracy.
  • Don't forget to submit any required attachments mentioned in the form.
  • Don't alter the form or omit any information that could be relevant to your case.

Misconceptions

  • Misconception 1: The FL-412 form is only for domestic violence cases.
  • This form is applicable in various situations, including custody and visitation disputes, not just cases involving domestic violence.

  • Misconception 2: Completing the FL-412 form guarantees that the violator will be held in contempt.
  • Filing the form initiates the legal process, but it does not guarantee that the court will find the Citee in contempt. Each case is evaluated based on its specific circumstances.

  • Misconception 3: The FL-412 form must be filled out completely in one sitting.
  • Misconception 4: You must have a lawyer to file an FL-412 form.
  • While legal representation can be beneficial, individuals can file this form on their own if they choose.

  • Misconception 5: The FL-412 form does not require any evidence.
  • It is important to provide specific details and evidence to support your claims of contempt. Attachments may also be necessary for clarity.

  • Misconception 6: Filing the FL-412 form is the only step needed to address violations of a restraining order.
  • Submitting the form is just the first step. A court hearing will follow, where both parties can present their sides of the story.

  • Misconception 7: The FL-412 form can be submitted without documentation of previous orders.
  • It is crucial to reference any existing orders. The court needs to understand the context of the alleged violations for an accurate assessment.

  • Misconception 8: The FL-412 form is only used once.
  • This form can be used multiple times in the event of ongoing violations. Each new instance of contempt can warrant a new filing.

Key takeaways

Here are some important points to consider when filling out and using the FL-412 form:

  • Accurate Information: Ensure all names and dates entered are correct. Every detail matters, especially when it comes to legal processes.
  • Specify Violations: Clearly describe how the restraining order was violated. Include specific actions taken by the Citee, along with dates.
  • Attachments: Use the designated attachment sections for additional information. If more space is needed to explain violations, make sure to indicate this appropriately.
  • Signature Required: The form must be signed and dated. This confirms compliance and that the information provided is truthful under penalty of perjury.
  • File Promptly: Submit the completed form as soon as possible after a violation occurs. This allows the court to act without unnecessary delay.