What Is A Show Cause Hearing?
A show cause hearing is a specialized event within the family court system that seeks to enforce court orders and can impose sanctions for non-compliance. Primarily the domain of North Carolina District Courts, these hearings arise after a motion for show cause is filed by a party who believes that the other party is failing to follow through on their obligations as outlined in the final divorce agreement, or is violating an order of the court.
The purpose of a show cause hearing is to determine whether the party in question has indeed violated the order, and if so, what remedies are available to the aggrieved party. Common issues addressed in show cause hearings include failure to pay child support, non-adherence to visitation schedules, non-payment of other spousal support, refusal to produce certain documents and others as prescribed by the agreement or order .
A show cause hearing is an important tool for enforcing your rights under a final order or separation agreement by allowing the court to determine whether a violation occurred, whether there are any available remedies and whether to require the violator to pay for your attorney’s fees. In circumstances where the parties cannot agree upon a resolution, a show cause hearing exists to provide the court with evidence on the specific issue to determine whether to hold the person in contempt and force them to comply with the order.
If the aggrieved party files a motion for show cause to have the other party held in contempt of court, then the show cause hearing will be held before a judge in approximately 30 to 60 days to determine whether the other party needs to be held in contempt.
When Will A Show Cause Hearing Be Conducted?
When a show cause hearing might be necessary in family court
There are many reasons why a show cause hearing might be necessary in Family Court. Most commonly, a show cause hearing may be required for issues related to non-compliance with a child support order. A parent who has lost their job, cannot find work, or is unable to pay child support on account of COVID-19, but has not yet filed for a legal modification of this obligation may find themselves back before the judge requesting a temporary reduction of their obligation or possibly even complete suspension.
Enforcement of an order of possession and access can be addressed at a show cause hearing where a parent has, for example, denied a child’s access to the other parent in violation of a court order. Or, an application for contempt of court might be made against a parent for exercising their rights at the exclusion of the other parent. A common issue faced by parents subject to a restraining order can be one that seeks to amend the terms of the Order in favor or against the parent’s restriction of contact with a minor child or the other parent.
These are just a few examples of when a show cause hearing is necessary in Family Court.
Show Cause Hearing and the Legal Process
Although the actual hearing date may be anticipated and prepared for, it is the "show cause" portion which must come first. Prior to the hearing, strict procedures must be followed in order for a motion for contempt to be filed and for a show cause order to be issued by the Court. These procedures include the following: 1. Filing the original motion for contempt after obtaining proper service of the motion and notice on the offending party; 2. Obtaining a hearing date from the Clerk’s Office to file the motion for contempt; 3. Completing an Application for an Order Setting any Return Date; 4. Completing a Show Cause Order with specific language identifying the Head of Court with a return date listed on the Application for Order; and 5. Completing the appropriate Certificate noting the date and manner of service of the Motion and Order. (Pamlico Fam. Court Forms Form 20-C, Form 20-D and Form 20-E). In many jurisdictions within our state, there is a presumption that a judge will hear the motion the same day of the return hearing unless there are good grounds for non-hearing. In practice, what this means is that the actual show cause order coming back before the Court to hear the motion is essentially "automatic" and only in rare instances will a judge comment on it or not hear the matter at the return hearing date. Following the hearing, the Court will either issue a Show Cause Order to Appear, or a Summons. A Show Cause Order either summons the party to appear to show why he/she should not be held in contempt of court, or a Summons results in the filing of a criminal contempt Motion that notifies the offending party that a hearing is set.
Result of a Show Cause Hearing
The possible outcomes of a Show Cause hearing can be separated into three categories: 1) no ruling because one party’s attorney did not appear, 2) no ruling because the party subject to the Show Cause order ("contemnor") complied with the court’s order, and 3) the ruling that the presiding judge makes after considering the evidence and argument presented. In all three scenarios, it is important for the Show Cause hearing’s order to be issued properly. If the order is not properly issued, the contempt proceeding should be dismissed. An order is properly entered when it is signed by a Judge or it is properly "filed" by the Clerk of Court in the county where the family law action exists. It is also possible for the order being held in contempt to be modified or eliminated based upon the evidence presented in the Show Cause hearing.
There are times when it is not necessary to have a court order issued from the Judge and/or filed by the Clerk of Court in order to hold a parent in contempt. For example, if a parent unilaterally moves a child and is thereby withholding the child from his other parent, that parent may be held in contempt without an existing order. This is based upon N.C. Gen. Stat. ยง 50-13.5(n) wherein the withholding of a child constitutes an act of contempt without a court order being issued.
A presiding Judge may or may not find that the party subject to the Show Cause Order or Rule to Show Cause has: 1) failed to comply with the applicable Court Order, and 2) that such failure was without justification or excuse.
If the presiding Judge makes no finding on the first element, the Show Cause Order is dismissed and the matter returns to the calendar of that judge at a later date or to another calendar. If the Judge finds that the first element is satisfied, the matter then is examined for the second element. If the Judge finds that the second element is satisfied, the presiding Judge may impose a variety of remedial, corrective, or punitive measures. The Court could impose a fine and/or award reasonable attorneys’ fees to the moving party (the party whose show cause request initiated the process). The Court may require convincing evidence in the form of affidavits, testimony, or other items from the party to hold another in contempt. Even if the person subject to the Show Cause Order is, indeed, in contempt, this does not end the matter as far as the Show Cause Order is concerned. The offending party may request review by the presiding Judge of the Show Cause Order or motion to have the presiding Judge recuse himself or herself. It is not unusual for the presiding Judge to allow a party who has been found in contempt to avoid sanctions as long as they agree to comply with the terms of the Order going forward. This creates the terms of the Show Cause Order which permits the presiding Judge to later find that the party has violated the Show Cause Order. If the presiding Judge finds that a party has violated the Show Cause Order created in the initial hearing, the offending party may again be subject to the possible consequences of contempt.
Although the potential rulings and consequences may seem consistent or nuanced, it is important for the litigant to recognize the process as it relates to an existing Order or Rule and how to proceed in order to hold another party accountable.
Preparing for A Show Cause Hearing
Preparing for a family court show cause hearing is a slightly different process than preparing for a standard motion hearing. Due to the time necessary to schedule a show cause hearing, many of the events that led to the filing of the underlying motion are still very much in the minds of the court and all individuals connected with the case. Because of this, it is extremely important for parties and their attorneys to be very familiar with the procedural history of the case both prior to, during and after the filing of the underlying motion. If the show cause hearing is related to a child support order, it is also important to be as familiar as possible with the marital estate in relation to the child support calculator. Each side should gather evidence as they would for a standard motion hearing. In addition to this, they should also prepare a chronology of all the events in the case leading up to the underlying motion and the show cause hearing. In most cases, this would start at the date the underlying motion was filed. Then, the party should include the end of the show cause hearing and any upcoming trial dates or hearings. The party should then include the dates of service of the motion on the other side , when the other side filed their response/request for more specific reasons for the show cause hearing, when the affidavits were taken, when the one year mark passed in relation to the possible contempt charge set out in the underlying motion, when the other party filed their counter motion, when the filing party filed their response to that counter motion, and any other relevant dates. This way, they can have a quick reference to the procedural timeline in their case for any possible questions that come up. It is also important for them to know the judge assigned to their case for purposes of gathering information for the underlying motion hearing. There are some judges that are much more strict on requiring written affidavits, for example. If either party acts pro se (they do not have legal counsel), they must make sure that they have reviewed their case file with their lawyer, if they had one prior to the show cause hearing, or obtain a copy from the clerk of court’s office. This is important because most show cause hearings happen relatively quickly after the underlying motion hearing has been scheduled. It is also important for them to understand all the evidence on the case so that they are better able to prepare for opposing party.
Legal Representation for a Show Cause Hearing
Due to the high stakes nature of a show cause hearing, securing legal representation is central to achieving the desired outcome. Because the outcome of a show cause hearing can mean the imposition of a sanction, or having a contempt of court charge lodged against a non-compliant party, or even dissolving contempt following a party’s compliance with the Order, it is important for the parties to have legal assistance on their side to guide them through this process.
Common Questions Regarding A Show Cause Hearing
Q: When will the show cause hearing occur?
A: Generally, within 30 days of the filing of the show cause motion.
Q: How much time should I require to answer the show cause motion?
A: In practice, there is no specific amount of time required. If you have a responsive pleading (another motion, an answer, etc.) already on file with the court, you may ask the court to consider it as meeting your requirement to "show cause" why your motion should be heard. If you do not have any other responsive pleadings on file, you should require at least 30 days.
Q: Is my pending text amendment enough to satisfy the "show cause" requirement for my show cause motion?
A: No, the text amendment itself does not satisfy the "show cause" requirement; instead, the awaiting outcome of the text amendment satisfies the requirement . You must also qualify the text amendment "show cause" requirement by providing the outcome of the text amendment, as well as its compliance with the associated rules, in your order.
Q: When is my response to the show cause motion due?
A: The response is due 10 days before the show cause hearing.
Q: Are there jury trials at show cause hearings?
A: No. Show cause hearings are not jury trials, and a jury demand in the original pleadings will not suffice. Parties must affirmatively demand a jury trial when a show cause hearing has been scheduled.