Share:

What if you and your ex-spouse have gone to court, gotten divorced, and he or she is now violating the Court’s order?  What if that person isn’t paying child support, or what if that person is refusing to return your child to you? Or what if he or she is supposed to be paying you alimony but is refusing to do so? What do you do?

Situations like these are common in family law matters such as divorces and child custody cases.  The parties will go to court, get an order from the judge, and then one (or sometimes) both parties will refuse to follow the Court’s orders. Parties violating a court’s order can, among other things, be held in contempt of court. Below is a brief explanation of what that means and what the consequence are.

 

What Is “Contempt of Court”?

attorneysA person can be held in contempt of court if a court finds that he or she is violating a court’s orders.  Contempt of court can either be civil or criminal and can result in a court compelling a person to comply with its orders, ordering that person to pay money to the court or the opposing party, or even placing a person in the county jail as a sanction for being in contempt of court. It is not uncommon for a Court to order the violating party to pay all or some of the other party’s attorney’s fees.

Being held in contempt of court does not modify a prior order.  Rather, a court will compel the violating party to comply with the order that’s currently in place and will oftentimes punish that party by fining or sanctioning him or her.

How Do You Get a Court to Hold the Other Party in Contempt?

A court will generally not hold someone in contempt on its own.  Most often, one party will be forced to file an action asking the court to hold the party in contempt based on allegations that the party is violating a court order and is in contempt of court.  The Court will then have a hearing to determine if the other party is in contempt of court and, assuming it finds that the party is in contempt, it will render an order.  

As noted above, being held in contempt does not modify a prior order.  However, parties will sometimes file actions that seek both to modify an order and have the other party held in contempt based on the other party’s refusal to follow the prior order.

 

The legal system can be intimidating to those who are not familiar with it, which is why you need a skilled attorney to guide you through the process. The attorneys at J.P. Coleman Law, LLC have represented clients in a wide range of situations, from criminal defense, to family law, to personal injury claims. Based in Robertsdale, AL, J.P. Coleman Law, LLC serves the Baldwin and Mobile County areas including, Fairhope, Foley, Daphne, Robertsdale, Bay Minette, Gulf Shores, Orange Beach, Loxley, Elberta, Mobile and more. Visit their website to learn more about their firm, and call (251) 947-6247 to schedule a free initial consultation with one of their attorneys today.

tracking