When one party fails to comply, the other may request that the court enforce the order by filing a motion for contempt. Understanding how contempt works can help you protect your rights—and avoid making costly mistakes.
What Is Contempt of Court?
Contempt of court occurs when someone willfully disobeys a court order. In family law, this often involves:
- Not paying child support
- Refusing to follow a custody or time-sharing plan
- Blocking visitation without cause
- Failing to transfer property or assets as ordered
The keyword is willfully. To be found in contempt, a judge must believe that the person could have complied but chose not to.
Types of Contempt
There are two main types of contempt in family law cases:
1. Civil Contempt
Civil contempt is used to compel compliance with a court order. The goal isn’t to punish but to force the person to follow the order. For example, if someone hasn’t paid child support, the court may order them to pay a certain amount by a deadline or face consequences.
Sanctions can include fines, attorney’s fees, or even jail time—but the person usually can avoid those penalties by complying with the order.
2. Criminal Contempt
Criminal contempt is used to punish individuals for disobeying the court’s orders. This might apply if someone repeatedly ignores orders, lies under oath, or disrupts proceedings. Penalties may include jail time or fines, even if the person later agrees to comply with the terms.
Criminal contempt involves more procedural protections because the stakes are higher.
How to File for Contempt
If the other party isn’t following a court order, an attorney can assist you in filing a motion for contempt. This motion must explain:
- Which order was violated
- How it was violated
- That the violation was willful
You may need to attend a hearing and present evidence, such as communication records, payment histories, or witness testimony. The court will then decide whether contempt has occurred and what remedies are appropriate.
Working with an attorney is especially crucial in this situation. A poorly written motion or a lack of documentation can lead to delays or dismissal.
How to Defend Against Contempt
If you’re accused of contempt, it’s essential to respond quickly. Common defenses include:
- Inability to comply due to financial hardship, illness, or other legitimate reasons
- Lack of clarity in the original order
- Proof that you did comply or attempted to in good faith
Ignoring a contempt motion won’t make it go away. Failing to show up in court could result in a default ruling or even a warrant for your arrest.
Contempt and Parenting Time
Violations of parenting time are one of the most common reasons contempt motions are filed. If one parent denies access without cause or fails to follow the court-approved schedule, the other parent may seek enforcement through contempt proceedings.
In these cases, judges may order makeup time, modify the parenting plan, or impose sanctions. However, minor scheduling mix-ups or misunderstandings typically don’t rise to the level of contempt unless they’re part of a pattern.
Why Contempt Matters
When someone defies a family court order, it can disrupt lives and strain co-parenting relationships. Contempt motions are a way to restore order and hold people accountable. But they’re also serious legal actions, and courts don’t take them lightly.
Whether you’re seeking enforcement or facing an accusation, it’s essential to understand the risks, the process, and the potential outcomes.
Get Trusted Guidance
Contempt issues can escalate quickly and affect custody, finances, and your future. The Law Offices of Robert M. Geller can help you navigate the process, prepare your case, and protect your rights at every step. Contact the firm to get the legal support you need in your family law matter.
