If you are subject to a family law order and are accused of violating it or your ex continues to violate an order, contempt of court could apply. Here is what to know about these proceedings
What Is Contempt of Court?
Contempt of court refers to actions that disrespect the authority of a court. Contempt of court occurs when a person violates a court order or disrupts courtroom proceedings. Because this behavior undermines the integrity of the judicial system, the court takes it seriously and can impose various penalties on someone found in contempt.
Contempt of court must be intentional conduct. The court can order a person in contempt of court when the judge personally observes a person displaying disrespectful or disruptive behavior.
If a party subject to a family court order violates it, the other party can file a Motion for Citation for Contempt of Court. This petition must include the allegations regarding how the other party is violating the order and details supporting these allegations.
Common Reasons for Contempt of Court in Family Cases
Contempt of court in the family law context could take many forms, including:
Violating Temporary Injunctions
A mandatory temporary injunction may apply to divorcing parties. These injunctions instruct the spouses to maintain the status quo, not sell property, not close accounts, etc. Disobeying these instructions can result in a contempt of court finding.
Failing to Pay Child Support
When child support is court-ordered, failing to pay it in a timely manner can result in contempt of court charges.
Failing to Pay Spousal Support
In some cases, the court may order one spouse to pay spousal support to the other. If the spouse disobeys this mandate, they may be found in contempt of court.
Committing Financial Misconduct During a Divorce
Spouses must provide accurate financial disclosures and refrain from taking actions that financially harm the other spouse during the divorce process. A spouse may commit financial misconduct during the divorce process, such as:
- Withholding property from the other spouse
- Not paying bills
- Trying to control all assets
- Taking away property
- Lying about property or income
Failing to Comply with a Parenting Plan
A parent may violate a parenting plan by refusing to allow visitation, failing to return the child at the end of a visit, making major decisions about the child without discussing them with the other parent, moving without providing notice to the other parent, or otherwise violating the terms of the agreement.
Violating an Order of Protection
In cases in which one party alleges domestic violence, the court may make an order of protection. The other party may violate the order of protection and be subject to contempt of court findings if they:
- Go to the petitioner’s home or business
- Calls the petitioner
- Contacts the petitioner on social media
- Asks another person to harass the petitioner
Potential Penalties for Contempt of Court
Violating the court’s order can result in various penalties, including:
- Fines
- Incarceration
- Payment of attorney’s fees
- Payment of court costs
- Other penalties the court deems appropriate
The court considers mitigating factors, such as the defendant’s history of complying with the order, when determining the appropriate penalties.
Schedule a Confidential Consultation
For help with your contempt of court case, contact a Boulder family law attorney from Stahly Mehrtens Miner LLC for a confidential case review. Call us at (855) 963-4968 to learn more about your legal rights and options.