Civil Contempt of Court
Enforce previous court decrees—or defend against bad ones—to guarantee a fulfilling life for you and your loved ones.
Contempt of Court After Divorce or Separation
There’s one area of law, other than criminal law, where people can actually get thrown in jail. That area is family law; specifically, it’s not paying court-ordered child support.
We’re not going to comment one way or the other about whether someone who is accused of nonpayment of child support deserves to go to jail. It’s enough to say that the mere threat of jail, when it comes to the enforcement of a divorce decree, can be enough to force the issue of payment.
On the other hand, it’s also what makes contempt downright unfair in many cases.
What Does “Contempt of Court” Mean?
Maryland, Virginia, Pennsylvania, and DC courts make decrees and orders all the time. A judge or court representative can order someone to show up for a hearing, offer documents as part of an investigation, or pay another party a set sum.
Anyone who fails to follow a court order or directive is “held in contempt of court.” Cases that may be considered contempt of court include:
- Refusing to surrender documents or cooperate with the opposing party during a divorce
- Failure to pay court-ordered payments, including child support and alimony
- Violating court-ordered freezes on bank accounts and other financial assets
Punishments for contempt of court range from simple fines to years’ worth of jail time, depending on the circumstances.
Enforcement of Divorce Decree
Contempt law seeks to make sure that children are cared for in divorce and other family law matters, which includes financial assistance.
As divorce lawyers, we do two things:
- Help to enforce child support orders. If you are the custodial parent, you need income to care for your children. You should be getting financial support based on the agreement or court order. If you’re not getting it, you will need to enforce it.
- Help to defend people with past due child support. Contempt cases are rarely black and white. There’s usually a reason behind past due child support payments, far away from unfounded accusations that you’re a “deadbeat.” People tend to pay their bills when they have the money to pay for them.
When it comes to either enforcing child support orders or defending people against accusations of nonpayment of child support in contempt cases, we commit to doing what’s best for the client.
How Can You Enforce a Court Order?
Courts are extremely backed up, especially considering the COVID-19 outbreak that closed courts for months. They may not realize someone is in contempt of a court order or decree if not notified by the offending party.
Therefore, you or your lawyer can file a “motion for contempt of court.” This request for legal action by the court alleges that the offending party has broken the court-ordered agreement.
As part of the motion, your lawyer can also submit documents and other proof to the court to support your claim. This evidence may be:
- Proof of good-faith efforts to collect court-ordered payments
- Demonstrated reminders and offered help to attend court-ordered hearings
- Dated receipts showing excessive spending from accounts ordered untouched
Your lawyer can best advise how to proceed with a motion for contempt of court to protect your and your family’s rights.
How Can You Fight a Contempt of Court Charge?
Contempt cases are rarely black-and-white. People who find themselves accused of contempt of court may not have meant to violate court orders, but instead:
- Lost their jobs and failed to tell the court about their change in circumstances
- Made every effort to attend court hearings and meetings, but could not do so due to circumstances outside of their control
- Accidentally messed up the process and legal protocols
People are flawed human beings who deserve respect, compassionate understanding, and competent defense.
If you find yourself the target of a contempt of court charge, the last thing you want to do is dismiss it as unimportant, even if what it asserts is wrong. By ignoring a contempt of court allegation, you will dig yourself into a deep legal hole, which will require much time and financial resources to get out of.
Immediately consult with a lawyer as to what you should—and should not—do in the face of a contempt of court charge, and be prepared to demonstrate your willingness to abide by the court’s decisions however your legal representation advises you to do so.
Call (888) JCLaw-10 or send an email for a free consultation.
“The Crawford Law firm took our [family law] case at the last minute and represented us with dignity. [They] made us feel confident in their representation and the outcome of our trial.”
