Motion to Show Cause Re: Contempt of Court
08:30 AM
Victor Judd v. Ronald Leon Denberg Case No.: CU24-05163
Petitioner Victor Judd’s Notice of Motion and Motion to Show Cause Re: Contempt of Court for Respondent Ronald Denberg’s Violation of the January 6, 2025 Amended Civil Harassment Restraining Order
Absent express consent by both parties to a commissioner holding contempt proceedings, a commissioner lacks the authority to do so.
While the parties consented to the hearing of the civil harassment restraining order petition by this commissioner, no express consent has been given to this commissioner’s holding of contempt proceedings.
Even if such express consent had been given, the issuance of an order to show cause re contempt for an incident of indirect contempt, occurring outside the presence of the court, requires evidence meeting the “beyond a reasonable doubt” standard to initiate and be attached to the order to show cause.
The only evidence submitted here was by declaration and via request for judicial notice, that two recent emails containing disparaging statements about Petitioner and sent to Petitioner’s Utah-based church bear the same sending address as Respondent listed on his earlier-filed response to the petition for civil harassment restraining order.
No evidence was submitted to rule out the possibility that a person other than the Respondent might also have access to that same email address.
This motion is therefore denied.
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