What is Contempt of Court?
How contempt of court works in family law cases.
- 4 min read
- family law
- custody
- divorce
Being held in contempt of court in family law cases can stem from any failure to follow custody agreements, divorce decrees, and other court orders. These charges may be brought in several ways, and the requirements and punishments vary by state and situation. Learn more about what actions can lead to contempt charges and how to avoid them.
What does it mean to be in contempt of court?
FindLaw defines contempt as willful disobedience or disrespect of a court or judge’s orders, authority, or dignity. More simply, any person who fails to follow a court order can be held in contempt and considered a contemnor. Once an individual is charged with contempt, the court institutes penalties to correct the issue or punish the contemnor.
Charges can be due to direct or indirect action, so anything that goes against the order’s terms can apply even if a judge isn’t present when it occurs. The stereotypical example of contempt would include someone yelling at a judge or interrupting a hearing. Still, even subtle behaviors and decisions can lead to someone being held in contempt by a judge.
What are the two types of contempt charges?
In the context of family law cases, civil contempt is more common. Civil contempt of court is usually used to correct actions that were against the terms of a specific court order, ensuring the contemnor follows the rules. Charges and penalties can be removed once compliance is restored, but this often varies by state and depends on each judge’s preference.
The second, less common form of contempt in family law cases is criminal. If a party is found to have shown overt disrespect toward the court beyond a reasonable doubt, criminal contempt is used to punish the contemnor and force compliance. These charges result in a separate case and are usually permanent after the issue is addressed and resolved.
Depending on your state, the potential consequences for civil or criminal contempt can include:
- Fines or fees
- Supervised visitation
- Wage garnishment
- Reduced custody rights
- Community service
- Jail time
- Criminal charges
How can co-parents be held in contempt?
People can be held in contempt of court in any case, including family law matters. Generally, contempt charges are on the table if a co-parent interferes with a court order or the court’s processes intentionally. Some courts and judges may threaten to hold co-parents in contempt even if their failure to comply was an accident, but it varies case by case.
A co-parent could be charged with contempt of court if they:
- Interrupt or insult a judge during a hearing
- Ignore the details of a divorce decree
- Fail to submit a financial affidavit in time
- Violate the terms of a protective order
- Contribute to custodial interference
- Miss child support payments repeatedly
It’s important to note that penalties can be removed if a co-parent complies, especially when it comes to civil contempt. LawInfo shares that judges can lift family law contempt charges and punishments after a co-parent follows the court’s directions. For example, a co-parent held in contempt for interrupting the other parent’s parenting time can have supervised visitation lifted once they facilitate make-up time.
How can I file for contempt against my co-parent?
While a judge is typically responsible for issuing contempt charges, they may not be aware that your co-parent is failing or refusing to follow an order. If you believe your co-parent committed indirect contempt, you’ll need to file a motion for contempt. If you’re unsure about the process, working with a local family law attorney can be a helpful resource.
Remember that contempt charges can only be brought if a court order is already in place. If you and your ex don’t have a parenting plan or divorce decree in place, you can’t file for contempt against them. You’ll need to make a parenting plan or file for a legal separation or divorce before you can seek court enforcement through contempt or other charges.
The most important thing you can do to back up any claims about your co-parent’s failure to comply with a court order is to have thorough documentation. Unlike criminal contempt, civil charges don’t usually require the burden of proving an issue beyond a reasonable doubt. Still, a judge will need enough supporting evidence to make an informed ruling.
What if I’m the co-parent held in contempt?
If you’ve intentionally or accidentally failed to follow the terms of your court order, you could face charges of contempt. Ensure that you understand what you can and can’t do based on your current order, and provide any clarification and evidence to the judge if it was a mistake. Once you adjust to comply with the order, any penalties may be lifted.
How can I avoid contempt charges in family court?
The best way to avoid contempt is by making sure to comply with the details of any court order you’re involved in. If you believe the terms of your current order aren’t a good fit, consult an attorney to review your options. For example, you can file to modify your parenting plan if you believe the details of it no longer fit your family’s situation and needs.
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A judge will dismiss anything irrelevant or inaccurate, meaning you’ll need to spend significant time and effort. Even if you work with legal counsel, attorney’s fees can quickly add up. With so many factors that can make going to court more costly and complicated, you need a tool that makes each step easier and less stressful.
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