A show-cause hearing is a legal proceeding in which a person is required to appear in court and explain or justify a situation. When a person is suspected of violating a court order, these proceedings are initiated. If a defendant’s defense argument fails, she may be found in contempt of court. Fines, liens, and the suspension of her driver’s license are all possible consequences.
When a person is suspected of violating a court order, a show-cause hearing is usually required. Orders to pay spousal support or follow a custody schedule are frequently issued as a result of a civil case. When this happens, the party who has been wronged usually brings the insubordination to the attention of the court. A third party, referred to as a friend of the court, may also be able to expose the potential violation.
A person might notice, for example, that whenever a father comes to pick up his daughter, the mother refuses to answer the door. This neighbor may believe that the mother is breaking a visitation order on purpose. By filing a motion that highlights the violation, the neighbor can become a friend of the court. The mother will then be called to a show-cause hearing.
Without a citizen complaint, a show-cause hearing may be held in some cases. When an order is broken that requires interaction with the court, such as failing to pay fines or failing to provide requested information by a certain date, this happens. In any case, when the accused appears in court, she will be required to explain why she did what she did.
In some cases, a court may rule that the person is innocent because the crime was never committed. In some cases, a court will excuse a person’s actions if there was a good reason for them. If a person’s reason for violating an order is found to be inexcusable, she may be held in contempt of court.
If a person is found in contempt, she may be sentenced to pay a fine or serve a period of incarceration, even if the order was related to civil proceedings. Other possible consequences include having a lien placed on one’s property or having one’s driver’s license or trade license suspended. A person summoned to a show-cause hearing may present evidence to back up her claims. A person may choose to be represented by an attorney, though it is not generally required.