The deliberate failure to follow a court order will result in a lot more than a “talking to” from the judge. There may even be possible jail time. If there is any situation where potential noncompliance with a court order is an issue, the Law Office of Taylor B. Warner, APLC can handle your case in a professional and determined manner.
Any court order must be followed to the letter. If one person willfully fails to follow the order, they can be found in contempt of court. First, there needs to be due process and an opportunity to be heard. Jail time is a very definite possibility if one has been found in contempt of court.
Reach out to the Law Office of Taylor B. Warner, APLC if the other party is failing to observe the terms of the court order or if you have been accused of it. The stakes could not be higher, and we can get right to work on your case. Call us today at (909) 466-5575 to schedule an initial consultation or fill out a contact form so we can discuss your specific family law needs.
The Law Office of Taylor B. Warner, APLC is located at 10535 Foothill Blvd, Suite 235 Rancho Cucamonga, California 91730 (open in Google Maps). Our office is located on the South East corner of Foothill & Haven just one block away from the Rancho Cucamonga Superior Court and we handle cases throughout San Bernardino & Riverside Counties.
Any terms of your divorce or child custody are entered as part of a court order at the conclusion of your case. Once the court issues the order, it takes on the force of law. Each person needs to follow what they are ordered. These orders can cover parenting issues and division of property. If not, there can be serious consequences. One of the most serious ramifications of a deliberate failure to follow a court order is a finding of contempt. These proceedings are most common when children are involved.
A parent or spouse can file for contempt for any failure to follow the court order, including:
Contempt proceedings are a serious matter because they are partially criminal in nature. A parent who is found in contempt of court may be sentenced to jail time. If they have been found in contempt of court repeatedly, they will serve time in prison.
There are three elements that a parent would need to prove to show that the other one should be held in contempt:
There are times when the parents have a good faith dispute over the court order. In that case, the judge may resolve the difference of opinion. Contempt proceedings are reserved for the situation in which one parent deliberately disregards the order. To the court, this is a very serious matter.
One party can initiate contempt proceedings by filing an affidavit for contempt and an order to show cause with the court.
Once the petition is filed, the accused party will be notified of the proceedings. They have the right to due process. The accused parent can (and should) have an attorney defending them. In addition, since contempt proceedings have a criminal aspect, there will be a court hearing. Each party would have the right to be heard and present evidence that supports their position.
If the court finds that one party is in contempt, there is a mandatory punishment. For the first offense, there will be either 120 hours of community service or 120 days in prison at the judge’s discretion for each act of contempt (each missed child support payment is its own independent act of contempt). The only thing that is discretionary is whether the offender does community service or is sentenced to jail time. For the second offense, the punishment is 120 hours of community service and 120 hours in jail. Repeated acts of contempt will lead to higher sentences.
When contempt is an issue, each party needs a contempt proceedings attorney. If you are the one who has filed for contempt, this is your chance to ensure that the violating party is punished and receives a message that they need to comply in the future. If you have been accused of contempt, your freedom is at stake. You should take filing for contempt of court lightly, nor should you take it anything less than gravely serious if you were the one who was accused.
If there is an issue in your divorce or family law case that has led to potential contempt, call The Law Office of Taylor B. Warner, APLC. You need immediate legal help, and you should never try to handle this matter on your own. Call us today at 909-466-5575 to speak to a contempt proceedings attorney.
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