20-1204a. Indirect contempts; procedure.
20-1204a
20-1204a. Indirect contempts; procedure.
(a) When an order in a civil action has been entered, the court that rendered
the same may order a person alleged to be guilty of indirect contempt of
such order to appear and show cause why such person should not be held in
contempt if there is filed a motion requesting an order to appear and show
cause which is accompanied by an affidavit specifically setting forth the
facts constituting the alleged violation.
(b) Except as provided in subsection (e), the order to appear and show
cause shall be served upon the party allegedly in contempt by the sheriff
or some other person appointed by the court for such purpose. Such order
shall state the time and place where the person is to appear and shall be
accompanied by a copy of the affidavit provided for in subsection (a). The
court shall hear the matter at the time specified in the order, and upon
proper showing, may extend the time so as to give the accused a reasonable
opportunity to purge oneself of the contempt. If the
court determines
that a person is guilty of contempt such person shall be punished as the
court shall direct.
(c) If, after proper service of the order to appear and show cause, the
person served shall not appear in court as ordered, or if the court finds
at a hearing held on motion of a party to the civil action that the person
allegedly in contempt is secreting oneself to avoid
the process
of the court, the court may issue a bench warrant commanding that the person
be brought before the court to answer for contempt. When such person is
brought before the court, the court shall proceed as provided in subsection
(b). The court may make such orders concerning the release of the person
pending the hearing as the court deems proper.
(d) The provisions of this section shall apply to both criminal and civil
contempts, but in the case of a criminal contempt the court on its own motion
may cause the motion and affidavit provided for in subsection (a) to be filed.
(e) In cases involving an alleged violation of a restraining order issued
pursuant to paragraph (2) of subsection (a) of K.S.A. 60-1607,
and amendments thereto, if the affidavit filed pursuant to subsection
(a) alleges physical abuse in
violation of the court's order, the court immediately may issue a bench
warrant and proceed as provided in subsection (c).
(f) If a person is found guilty of contempt in a child support enforcement
proceeding, including an assignment of child support rights to the commissioner
of juvenile justice
and the evidence shows that the person
is or may be authorized to
practice a profession by a licensing body as
defined in K.S.A. 74-146 and amendments thereto, the
court, in addition to any other remedies, may
order that a notice pursuant to
subsection (a) of K.S.A. 74-147 and
amendments thereto be served on the licensing
body. If the person
found guilty of contempt as provided in this subsection is a licensed
attorney, the court may file a complaint with the disciplinary administrator if
the licensing agency is the Kansas supreme court, or the appropriate bar
counsel's office if the licensee practices in another state.
(g) If a person is found guilty of contempt in a child
support
enforcement proceeding, including an assignment of child support rights to the
commissioner of juvenile
justice, in an amount equal to or
greater than the amount of support payable for six months or the obligor has
been ordered by the court to pay a sum certain each month toward the
liquidation of the arrearages and the obligor has substantially failed to abide
by that order, the court may restrict the obligor's driver's license. Such
restriction may include, but not be limited to, driving to, from and during the
course of such person's employment. The court may order the public office, as
defined in K.S.A. 23-4,106, and amendments thereto, to contact the division of
vehicles of the department of revenue to restrict the obligor's driver's
license as indicated in the court order until further order of the court.
(h) The court shall not recognize a motion to issue nor order in
a civil
or criminal action a contempt citation against any person who reports or
publishes the information that a gag order has been issued by the court.
History: L. 1978, ch. 114, § 1;
L. 1994, ch. 292, § 17; L. 1994, ch. 327, § 1;
L. 1996, ch. 229, § 17;
L. 1996, ch. 229, § 18; July 1, 1997.