Once the State’s Attorney determines contempt is an appropriate remedy, workers prepare appropriate court filings. Although cases that reach this stage are prepared for trial, court proceedings may be discontinued at any time at the discretion of the State’s Attorney.
Once the Contempt Pleading Packet (CC1) is filed, it is served upon the obligor per 12 O.S. §§ 2004 and 2005.1 and OAC 340:25-3-3.
The obligor must be served personally, by certified mail, or by Acknowledgment of Receipt (GN6) with contempt pleadings, unless the attorney agrees to accept service. Review article on,’ Determining Whether a Party is Represented by an Attorney’ for information on communicating with represented parties.
Generate the following documents for the service packet:
- Investigator Sheet (G04); and
- Affidavit of Service (GN3).
- This document will be filed with the court once service to the obligor is successful.
- Add the service information to DOCSA in OSIS.
Proper service for contempt actions means either the obligor was served in person or signed for certified mail (depending on the judge’s requirements). Consult with the State’s Attorney as to whether it was proper service for your district court.
If the obligor is not served but appears, give the obligor a copy of the Contempt Pleading Packet (CC1), if available. Complete the Acknowledgement of Receipt (GN6) and have the obligor sign or have the court note the obligor’s voluntary appearance in the record or memorialize it in some way. If an Acknowledgement of Receipt (GN6) is signed, file it with the court. If the pleading packet is not available at the hearing, mail it to the obligor after the court date.
Send a copy by regular mail to the Custodial Parent (CP) or to the initiating state if the case is an incoming intergovernmental referral with a Transmittal 2.
Legal Authority
See: Civil Contempt Legal Authority