I have a parent in a CPS case who was ordered to participate in a certain service. She was notified in open court on several occasions and signed the orders indicating she needed to do this, and then a final order was done indicating the date, time and address of the location where she needed to do this. She was served via certified mail with that last order, and didn't comply. The judge told me to file a motion for contempt.

Problem is, I don't really want to. The woman works, and doesn't have time to do this service and honestly she just doesn't can't handle having her sex offender teen back in her home.

Anyone have any experience with this? I don't see how the judge can order me to prosecute a contempt motion against someone that I don't want to pursue.

Also, am I over thinking it that this is, even though it arises in civil court, a quasi criminal proceeding (the judge indicated at the last hearing she would throw mom in jail for not doing this so she is seeking criminal, not civil, contempt as she wants to incarcerate mom as punishment, not inducement to actually do the service), so the mom has a 5th amendment right not to testify?

I have never understood the language in a show cause order that the alleged contemnor needs to appear and show cause why he or she should not be held in contempt...isn't that burden shifting?

Seems to me that a judge can nor more tell you to file a contempt motion than a judge can tell you to file charges against someone. Its your discretion to do what you feel is best.

If the court wants her held in contempt, the court can (should) act on its own motion.

Agreed with jem. Contempt is an exercise of the court's inherent power to protect its own authority. It's not a "prosecution" by the State.