Contempt in Divorce and Family Law Cases

Navigating the complexities of divorce or family law is challenging. This becomes more difficult after a court order or judgment is issued. It is not uncommon for a party to disregard court instructions, whether under a final judgment or temporary order.  In such instances, you may find yourself considering whether to file a complaint for contempt.

At its core, contempt occurs when an individual refuses to follow a court order, despite being capable of doing so. Addressing contempt issues involves bringing the matter before a judge, who has several tools at their disposal to ensure compliance. In some cases, this may even result in incarceration for the non-compliant party.

Hiring an attorney for a contempt issue may not always be necessary, especially if you’re behind on child support. However, seeking guidance can still be valuable. A family law attorney offers crucial advice and guidance throughout the legal process, regardless of your position in the matter. Understanding how contempt cases function is the first step in resolving any issues that arise.

The Law on Contempt

Generally, contempt typically arises when someone fails to adhere to a specific part of a court order. It is important to note that contempt may be pursued when the defendant has clearly disregarded the court’s instructions. Some examples of actions that may warrant contempt proceedings include:

• refusing to pay the appropriate amount of child support or alimony ordered by the court;
• refusing to leave the marital home when ordered to do so;
• violating a court order of protection from abuse or harassment;
• violating the terms of a child custody order or the provisions of parenting time.

Contempt cases can be categorized into two types: civil and criminal. You can file a contempt action during a divorce, like seeking an order to vacate the marital home. Alternatively, you may file it after the divorce to enforce alimony payments. Contempt actions can also be pursued in non-divorce contexts, such as enforcing child support, visitation, or custody orders.

Civil Contempt

In civil contempt cases, the party seeking relief (the plaintiff) files a complaint against the defendant. The goal of a civil contempt action is to ensure that the defendant complies with the court’s order, typically for the benefit of the plaintiff. The court may hold an evidentiary hearing, although this can be waived if neither party requests it. Should a hearing be requested, both parties are entitled to one. To succeed in a civil contempt case, the plaintiff must meet specific legal requirements: they must demonstrate that the court order was clear and unambiguous and that the defendant willfully disobeyed it.

Criminal Contempt

Criminal contempt cases differ significantly from civil ones. In these instances, criminal charges are brought against the defendant for their failure to comply with a court order. While contempt proceedings share characteristics of both civil and criminal law, one key distinction is that criminal contempt aims to punish the defendant rather than simply resolve the dispute between the parties. As with all criminal cases, the defendant is presumed innocent until proven guilty and has the right to legal representation, due process, and proper notice. In some instances, the defendant may also have the right to a jury trial.

In criminal contempt cases, the prosecution must prove beyond a reasonable doubt that the defendant had the ability to comply with the court’s order but willfully chose not to do so. Additionally, the court may impose jail time in both civil and criminal contempt cases until the defendant complies with the court’s directives.

If you are considering a contempt action or find yourself facing such a charge, it is important to fully understand how the law applies to your specific situation. We encourage you to schedule a consultation with our office to explore your options and gain clarity on the next steps. Call us at (866) 995-6663 to schedule your free consultation.

Contempt in Divorce and Family Law Cases

Navigating the complexities of divorce or family law is challenging. This becomes more difficult after a court order or judgment is issued. It is not uncommon for a party to disregard court instructions, whether under a final judgment or temporary order.  In such instances, you may find yourself considering whether to file a complaint for contempt.

At its core, contempt occurs when an individual refuses to follow a court order, despite being capable of doing so. Addressing contempt issues involves bringing the matter before a judge, who has several tools at their disposal to ensure compliance. In some cases, this may even result in incarceration for the non-compliant party.

Hiring an attorney for a contempt issue may not always be necessary, especially if you’re behind on child support. However, seeking guidance can still be valuable. A family law attorney offers crucial advice and guidance throughout the legal process, regardless of your position in the matter. Understanding how contempt cases function is the first step in resolving any issues that arise.

The Law on Contempt

Generally, contempt typically arises when someone fails to adhere to a specific part of a court order. It is important to note that contempt may be pursued when the defendant has clearly disregarded the court’s instructions. Some examples of actions that may warrant contempt proceedings include:

refusing to pay the appropriate amount of child support or alimony ordered by the court;
refusing to leave the marital home when ordered to do so;
violating a court order of protection from abuse or harassment;
violating the terms of a child custody order or the provisions of parenting time.

Contempt cases can be categorized into two types: civil and criminal. You can file a contempt action during a divorce, like seeking an order to vacate the marital home. Alternatively, you may file it after the divorce to enforce alimony payments. Contempt actions can also be pursued in non-divorce contexts, such as enforcing child support, visitation, or custody orders.

Civil Contempt

In civil contempt cases, the party seeking relief (the plaintiff) files a complaint against the defendant. The goal of a civil contempt action is to ensure that the defendant complies with the court’s order, typically for the benefit of the plaintiff. The court may hold an evidentiary hearing, although this can be waived if neither party requests it. Should a hearing be requested, both parties are entitled to one. To succeed in a civil contempt case, the plaintiff must meet specific legal requirements: they must demonstrate that the court order was clear and unambiguous and that the defendant willfully disobeyed it.

Criminal Contempt

Criminal contempt cases differ significantly from civil ones. In these instances, criminal charges are brought against the defendant for their failure to comply with a court order. While contempt proceedings share characteristics of both civil and criminal law, one key distinction is that criminal contempt aims to punish the defendant rather than simply resolve the dispute between the parties. As with all criminal cases, the defendant is presumed innocent until proven guilty and has the right to legal representation, due process, and proper notice. In some instances, the defendant may also have the right to a jury trial.

In criminal contempt cases, the prosecution must prove beyond a reasonable doubt that the defendant had the ability to comply with the court’s order but willfully chose not to do so. Additionally, the court may impose jail time in both civil and criminal contempt cases until the defendant complies with the court’s directives.

If you are considering a contempt action or find yourself facing such a charge, it is important to fully understand how the law applies to your specific situation. We encourage you to schedule a consultation with our office to explore your options and gain clarity on the next steps. Call us at (866) 995-6663 to schedule your free consultation.