Boston Contempt of Court Lawyer

Receiving a court order rarely ends conflict between former spouses. Instead, new disputes often break out, particularly involving whether your ex actually follows through with the court’s orders regarding child custody, child support, or property division.

A judge’s orders are not recommendations—instead they are legal commands. Unfortunately, too many spouses ignore them or negligently fail to comply. If you are struggling to see your child or get paid what you are owed—or if your ex is alleging you are violating a court order—then you might need to meet with a Boston contempt of court lawyer. Contact Turco Legal PC today to schedule a consultation.

Contempt of Court Explained

Contempt of court is the refusal to comply with a court order when someone can do so. And bringing a motion for contempt of court is how a litigant tries to enforce the order.

Judges don’t know what’s happening outside their courtrooms, and most assume that the litigants are following the orders that they sign. However, when a party tells the judge that the other side is not complying, the court can hold a hearing to determine whether to hold someone in contempt.

Contempt of court proceedings are complicated. Judges do not hold someone in contempt lightly, and you will need solid evidence that your ex knew of the court order and had the means to comply with it. For example, if your ex is denying you visitation with your children, you should document communications, as well as the fact that you were present at the “drop off” location but your ex never showed. It is best to meet with a Boston contempt of court attorney as soon as possible to discuss strategy.

When to Seek Contempt

Contempt often arises as part of a divorce and can include situations where a spouse does any of the following:

• Refuses to leave the family home when ordered to do so
• Violates a valid order of protection, e.g., by contacting the victim
• Fails to pay child support or alimony when they have the means to do so
• Refuses to allow the other parent to see the child

Not every violation will qualify as contempt. Sometimes, a violation is very minor, purely accidental, or beyond your ex’s control. For example, your ex-husband might be unemployed and struggling to make support payments because he has no money. One or two missed payments probably will not support a request for contempt of court—but an extended pattern of missed payments might.

Technically, you can file for contempt at any stage of litigation so long as you have a court order. For example, you might have received temporary orders from a judge regarding support or child custody that last only for the duration of the divorce. If your spouse violates them, you can seek contempt. The same is true when you receive permanent orders at the completion of the divorce process.

Civil and Criminal Contempt

Contempt can be civil or criminal. There is quite a bit of overlap between the two, but a key difference is the purpose of the contempt proceeding.

With civil contempt, the goal is to induce compliance with the court order. A judge might fine the defendant or possibly even jail him or her to create an incentive to finally follow through. To obtain civil contempt for our clients, the plaintiff must show that there was a clear court order and that the defendant violated it. A judge can hold an evidentiary hearing where each side presents evidence and possibly answers questions under oath.

With criminal contempt, the goal is punishment. Violating a court order is akin to breaking the law, and a judge might punish the defendant by putting him or her in jail or levying a fine. In doing so, the court preserves its own authority and deters other parties from picking and choosing which court orders to follow. Criminal contempt is very serious, because the defendant cannot get out of the punishment by finally following the court order. The time for compliance has passed. Instead, the court’s focus is now on punishing the violator.

Both civil and criminal contempt raises important issues regarding the burden of proof and due process rights. Whether you are seeking contempt or fighting off accusations of violating one yourself, you would benefit from the experience of an attorney.

Speak with a Boston Contempt of Court Attorney Today

Our law firm is deeply experienced in contempt. We have represented those accused of contempt as well as those hoping to use the process to finally get paid what they are owed. For more information, give Turco Legal, PC a call at (617) 657-4878.