Contempt is defined as an intentional disobedience of a court order. It
can occur by action (such as violating a restraining order) or failure
to act (such as failing to pay ordered
child support or
alimony). You can use contempt during a
divorce, parentage, or non-parent
custody action to enforce final court orders.
It is important to understand that contempt is considered as the last resort
since it may not always be the most effective remedy to the problem. Judges
do not often find an individual in contempt unless the violation is substantial.
What If You Are Found In Contempt?
The goal of contempt is to ensure that the individual follows the court
order in the future. The judge could order a person in contempt to either
get counseling, complete a parenting class, look for employment a specific
amount of hours a week, and even wage garnishments. However, if the judge
determines the individual in contempt will probably not be able to obey
the order in the future, the judge may file a motion to change the court
order, enter a judgment for money due, or even order jail time.
In order to find a person in contempt, the court must find all of these
factors to be true:
- A valid court order is in effect
- The other person is aware of the court order
- The facts demonstrate a clear violation of the order
- The other person was given a notice of the contempt hearing and a chance
to be heard
- Contempt is a proper solution for the violation
How The Law Offices Of Jeffrey S. Graff Can Help
Whether you are being held in contempt or seeking to hold someone in contempt
for blatant violation of a court order in a divorce/family law case, I am committed to helping you obtain the outcome you desire. In
addition to providing skilled and reliable legal assistance in contempt
cases, I am experienced in court order modifications.
Contact my firm and schedule a
free initial consultation today.