Contempt Proceedings Attorneys

Contempt of court typically refers to a willful action that disturbs, disrespects, or disobeys the orders or dignity of the court, judge, or other participants.

If an attorney and their client can produce evidence that their opponents have willfully disregarded a court decree, then they can “make a motion” or “move” for a contempt of court ruling.

To find a party guilty of contempt, the court cannot simply conclude that the accused party did not act in accordance with the decree. The court must also conclude that the accused party did have the ability to comply and therefore violated the decree both deliberately and without good reason.

If the court goes on to rule for contempt, then it can hand down new or modified decrees binding the parent whom it has found to be in contempt.

It is then up to the accused to present evidence that he or she did not have the ability to comply or that it was an “honest mistake.”

Technically, a contempt action is appropriate anytime a party “contemptuously” violates any provision of the decree. As a practical matter, however, the violation or violations should be significant.

The evidence for a contempt ruling often does exist, and if you and your attorney can produce it, you will substantially improve your case. In fact, your attorney will often file a motion of contempt in tandem with a motion to modify.

To stimulate compliance, the court has a whole range of remedies that you can request, ranging from a simple warning to incarceration to attorney’s fees to compensatory custody time (and more).

In other words, contempt of court can be a very powerful tool. It simply requires evidence.