Contempt of Court
Filing for Contempt of Court Action
If you believe that your ex-spouse or your child’s father or mother is not following your court orders issued in your divorce or in your juvenile custody case, you can enforce those orders by filing a contempt of court action. The court can require the other party to do something (or not do something) if he or she is violating the order and is found in contempt of court.
The main reasons that a party may file a contempt in the domestic relations court are for failing to pay ordered child support or spousal support, or withholding visitation with the minor child.
Have you been served a Contempt of Court notice?
If you are the party who is served with a contempt of court, you have to appear in court, but the party who served the contempt has the burden to prove that you did or did not do something, in violation of the pending orders of the court. If the court determines that there was a valid court order and that you are not complying with it, you will most likely be found in contempt of court.
Typically, the court will give you a chance to purge your contempt by paying amounts found to be do or paying the other party’s attorney’s fees; however, jail time can be involved. It is important to speak to an attorney immediately if you are served with a contempt of court. If you believe your ex-spouse or child’s mother or father is in contempt, the Court appreciates a good faith attempt to remedy the situation before taking legal action.