Contempt of Court in Family Law

We’re all familiar with the term contempt of court. In television shows and movies, the judge finds someone in contempt for failing to follow the rules or listen to the judge’s instructions. In family court matters, the judge is the person who makes legal decisions. If you get on the judge’s wrong side, they can find you in contempt.

Contempt of court can result in penalties and hurt your family court case. If a family law judge finds you in contempt of court, speak to an experienced family law attorney about your legal options.

What Does Contempt of Court Mean?

Contempt of court is disobedience, interference, or disrespect towards the court and the legal process. Contempt means you have failed to follow the judge’s orders or disrespect the judge. It is a legal term that allows the judge to punish you with legal sanctions. Contempt of court can happen with any family court order. Family court legal issues include:

• Divorce
• Domestic violence
• Child custody
• Child support orders
• Visitation orders
• Spousal support and alimony

In general, being in contempt is a bad thing. Family law issues can be emotional. It is easy to get worked up when the judge makes an unfair ruling. Before acting hastily, it’s best to stay calm, take time, and consult your family law attorney.

Why Does the Family Law Judge Find You in Contempt?

A family law judge can find you guilty of contempt for many reasons. Some examples of when the judge can issue a contempt action include:

• Continually interrupting the judge in court proceedings
• Failing to pay child support
• Violating a restraining order
• Violating a custody order
• Failing to follow the parenting plan
• Not allowing court-ordered visitation with your ex-spouse
• Non-compliance with the visitation schedule

In some situations, the judge will warn before finding someone in contempt. If the judge warns you about contempt, take it seriously. There can be severe penalties associated with contempt of a court order.

What Are the Penalties for Contempt of Court in Family Law?

The judge has several options for penalties and sanctions in a contempt case. There are civil contempt and criminal contempt penalties. Contempt of court penalties can include:

• Fines
• Wage garnishment
• Modifying a custody agreement
• Community service
• Jail time
• Criminal charges

In many child custody cases, a contempt order will require the other person to do something (or refrain from doing something). For example, if you fail to allow the co-parent to visit the child according to the parenting plan, the court could require you to allow for visitation. If you follow the orders, you generally won’t face penalties.

How Do I File a Motion for Contempt of Court in Family Law?

Generally, the judge is in charge of finding someone in contempt. They can find an ex-spouse or co-parent in contempt without you filing a motion. However, you can file a motion to the court for a contempt hearing if the court doesn’t take action on its own. You may have to inform the court about the violation so the judge can find the opposing party in contempt.

Your attorney can file a motion with the court for violation of a court order. Contempt of court for violating a court order requires a court order in the first place. You can show that the other person was aware of the order and willfully failed to comply.

What Are the Defenses to Contempt of Court in Family Law?

You may find yourself in contempt of court without really understanding why. The judge may have needed to be clearer about what they meant. Your attorney can help you avoid penalties for contempt if you need clarification about the court order. A motion for clarification can offer more explanation about a court order so you can avoid unintentional violations.

You may not have gotten notice of the order. If you didn’t know about the order, you should not be penalized for violations. You can file an order to show cause and explain to the judge what happened. If you recently moved or were out of town, you can explain to the court that you never received notice, and the judge can vacate the contempt of court order.

What Happens if I Am Found in Contempt of Family Court?

After a contempt of family court order, your family lawyer can help you comply or get the contempt order lifted to avoid penalties. Your lawyer can also help you avoid a contempt finding in the first place. If you have a problem following the family law court orders, your lawyer can notify the court to get a modification or extension. For legal advice about your family law issues, talk to an experienced family law attorney.