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Court Order Not Obeyed? The Person May be Held in Contempt

10/21/2024

If a party involved in a family law matter doesn’t obey a court order, there can be consequences, including being held in contempt by a judge. We’ll discuss situations where this can happen, how this can be proven, and what might happen. Family law matters can be very emotionally heated, and a party may refuse to comply with an order. The contempt proceedings Law Office of Taylor B. Warner, APLC, represents clients in family law matters that usually go smoothly, but sometimes do not.

The Law Office of Taylor B. Warner, APLC contempt proceedings lawyers in Rancho Cucamonga will fight for your rights no matter which side of the dispute you’re in. We can put our knowledge and experience to work for you. Call us today at (909) 466-5575 or complete our contact form to schedule an initial consultation so you can get the legal help you need.

What is Contempt of Court?

This can come up in any family matter involving a court order. It involves the knowing and intentional violation of a court order.

A court may order the non-compliant party to comply with the court order or face criminal or civil penalties. An investigation will determine the accuracy of the allegations and the severity of the punishment, if any. If the matter involves spousal or child support, the offending party may have their wages garnished or their assets seized in a subsequent proceeding.

The state legislature wants parties to heed court orders, so they created laws with civil and criminal consequences for those who ignore them. If an order in your case is not being complied with, or you’re accused of disobeying an order, get help from a contempt proceedings attorney because this is a serious matter.

What are the Penalties for Being Found in Contempt?

A party found to be in contempt can face the following penalties:

  • Imprisonment
  • Community service
  • Fines
  • Paying a disputed debt for financial obligations

If the court finds the party is in contempt, punishment is mandatory. For each act and the first offense, at the judge’s discretion, there will be either:

  • 120 hours of community service, or 
  • 120 days in prison 

For a second offense, the punishment is 120 days in jail plus 120 hours of community service. Repeated acts of contempt lead to harsher sentences. If this is an ongoing problem with multiple instances of contempt, fines and jail time can quickly add up. 

How is Contempt Proven?

You must have credible evidence to support this claim before seeking help from the court. The party seeking the contempt finding has the burden of proving beyond a reasonable doubt (the same standard for criminal prosecutions) that:

  • The court order is valid and clear
  • The party knew about it
  • They willingly, willfully, and intentionally violated it

The party claiming to be harmed by failing to obey the order files an Order to Show Cause and Affidavit for Contempt form

Whether a court order is valid and clear involves both legal arguments to decide if it’s valid and the language needs to be examined to see if the party should understand it. An order should be served on the party so there’s evidence they knew about it. 

Evidence of intent could come from the party’s statements. The person could be so angry or upset at the order they’ll vow not to obey it before it’s even time for them to take action.

If the issue isn’t related to support payments, the deadline to file (or statute of limitations) is two years from when the order was disobeyed. If spousal or child support is the underlying issue, the statute of limitations is three years from the first missed payment.

Contact a Contempt Proceedings Lawyer

Contempt allegations are serious and can result in severe civil and criminal consequences. Courts do not take them lightly, and sufficient evidence is needed to prove them.

If your divorce or family law case involves an order that wasn’t obeyed, call contempt proceedings Law Office of Taylor B. Warner, APLC. We represent parties on both sides of contempt cases, so don’t hesitate to contact us.  Get immediate legal help, and don’t try to handle this matter yourself. Contact us online or call us today at 909-466-5575 to speak to a contempt proceedings attorney.

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