To file a show cause in Virginia, you fill out a Motion for Show Cause Summons or Capias, swear to it in front of a notary, and submit it to the clerk of the same court that issued the order being violated. The clerk assigns a hearing date, the sheriff serves the other party, and both of you appear before the judge who will decide whether to hold the respondent in contempt. Most filers use this process to enforce child support, spousal support, or custody and visitation orders when the other parent has stopped complying.
Pick the Right Form for Your Court
Virginia uses two nearly identical forms, and the one you need depends on the court that entered the original order.
For child support, spousal support, custody, or visitation, use Form DC-635, filed in the Juvenile and Domestic Relations District Court.1Virginia’s Judicial System. Form DC-635 Motion for Show Cause Summons or Capias For other civil orders handled in General District Court, use Form DC-420.2Virginia’s Judicial System. District Court Forms List Both are free at the clerk’s office or on the Virginia Judicial System website.
Before you start writing, pull your copy of the order the other party violated. You need the exact case number, the date the judge signed it, and the specific terms that have been ignored. Having those details in front of you keeps the clerk from sending you back for records.
Write a Specific, Dated Affidavit
The form identifies you as the petitioner and the noncompliant party as the respondent. Names and addresses have to match the original case file.
The affidavit is the part the judge actually reads. It is your sworn account of what the respondent failed to do, and vague accusations do not survive a hearing. If support payments were missed, list how many and which months. If visitation was denied, give the dates. A chronological account shows the judge how serious and persistent the noncompliance has been. In support cases, Virginia Code § 16.1-278.16 is what gives the court authority to act, and your affidavit needs to lay out the facts that trigger it.3Virginia Code Commission. Virginia Code 16.1-278.16 – Failure to Comply With Support Obligation
Attach whatever you have: bank statements showing no deposits, screenshots of texts about denied visits, certified mail receipts from earlier attempts to resolve the problem. Documents beat memory every time.
Notarize, File, and Arrange Service
Because the affidavit is sworn, you have to sign it in front of a notary or a clerk of court. Virginia notaries may charge up to $10 for an in-person notarial act, or up to $25 for an electronic one.4Virginia Code Commission. Virginia Code 47.1-19 – Fees Many courthouse clerks will notarize for free when you file, so ask before paying someone else.
Take the completed motion to the clerk of the court that entered the original order. Show cause motions in Virginia district courts generally carry no filing fee.5General District Court – Fairfax County. Show Cause and Capias You will pay a $12 sheriff’s service fee per person to be served, set by Virginia Code § 17.1-272, at the time of filing.6Virginia Code Commission. Virginia Code 17.1-272 – Process and Service Fees Generally The clerk reviews the paperwork and assigns a return date.
The respondent has to be formally served before the hearing can go forward. Under Virginia Code § 8.01-293, a show cause order may be served by a sheriff, a high constable, any law-enforcement officer, or a private process server who is at least 18 and not a party to the case.7Virginia Code Commission. Virginia Code 8.01-293 – Authorization to Serve Process, Capias or Show Cause Order Private servers usually charge $20 to $100 and can be worth it when the respondent is hard to locate. Whoever serves the summons files a return of service with the clerk as proof the respondent got notice.8Virginia Code Commission. Virginia Code 8.01-325 – Return by Person Serving Process
Keep your copy with the clerk’s date-received stamp. That stamp anchors the timeline for everything that comes next.
At the Hearing
Both parties appear before a judge on the return date. You carry the burden of proof and have to show by a preponderance of the evidence that the respondent violated the order. Bring every document you referenced in the affidavit plus anything new since filing. Bank statements, payment records, text messages, and calendars showing missed visits are what judges actually use. An organized presentation matters more than drama.
The judge is deciding whether the violation was willful. That distinction controls the outcome. A parent who lost a job and genuinely cannot pay is in a different position from one who earns enough and simply refuses. If the court finds the respondent willfully violated the order, it can hold them in civil contempt and order immediate compliance, and it can require the respondent to reimburse your filing fees and legal costs.
What the Judge Can Order
In support, custody, and visitation cases, the court’s authority comes from Virginia Code § 16.1-278.16 and § 20-115. A judge can sentence the respondent to up to 12 months in a local correctional facility.9Virginia Code Commission. Virginia Code 20-115 – Commitment and Sentence for Failure to Comply With Order or Decree The court can also assign work release or public service work, neither exceeding 12 months.3Virginia Code Commission. Virginia Code 16.1-278.16 – Failure to Comply With Support Obligation For ongoing support, the judge can order wage garnishment through a payroll deduction under § 20-79.1 so future payments come straight out of the respondent’s paycheck.
Civil contempt is meant to force compliance rather than punish, so a respondent jailed for nonpayment is usually released once they pay what they owe or meet the court’s conditions. The judge closes the hearing with a new order spelling out exactly what the respondent must do and what happens if they fall behind again.
If your order falls outside domestic relations, the penalty structure is different and smaller: Virginia Code § 18.2-456 and § 18.2-457 cap a bench-only contempt sanction at a $250 fine or 10 days in jail unless the court impanels a jury.10Virginia Code Commission. Virginia Code 18.2-456 – Cases in Which Courts and Judges May Punish Summarily for Contempt11Virginia Code Commission. Virginia Code 18.2-457 – Fine and Imprisonment by Court Limited Unless Jury Impaneled
What It Costs
Filing a show cause is one of the cheaper court actions in Virginia. A realistic budget:
- Filing fee: generally none in Virginia district courts.
- Sheriff’s service fee: $12 per person served, due at filing.
- Private process server (optional): $20 to $100.
- Notarization: up to $10, often free at the clerk’s office.
- Attorney fees: optional, and recoverable from the respondent if the court finds contempt.
For someone owed months of back child support, $12 to put the other parent in front of a judge is usually the most practical route to a result.