When family law judges issue orders during divorce proceedings, they expect both parties to abide by them. Unfortunately, this is not always the case. If one party violates a court order, though, the other may file a motion for contempt with the help of a divorce attorney. Here's what you should know about such actions as they pertain to divorce proceedings in Ohio. 

FAQ on Contempt of Court During Family Law Proceedings

What is contempt of court?

Disrespecting legal proceedings or disobeying a judge’s orders constitutes contempt of court. In family law cases, violations that commonly warrant a contempt motion include failing to pay child support, disregarding asset division orders, and ignoring the terms of a visitation agreement. 

Can contempt of court result in criminal charges?

If you file a successful contempt motion, your spouse could face both civil and criminal charges. The specific penalties will depend on the circumstances but might include fines, reimbursement of your own legal fees, compensatory custody time, and jail time. In most cases, though, the court will give the defendant the opportunity to resolve the issue—by catching up on child support, for example—before imposing more severe penalties. Unlike traditional criminal charges, contempt charges are not meant to be punitive. Rather, they aim to ensure compliance. 

How do you file a motion for contempt?

If you want to file a motion for contempt, a divorce attorney can help you prove such an action is warranted. In general, a successful motion must prove the accused was aware of the order, had the ability or means to comply, knowingly violated the terms anyway, and lacked just cause for doing so. Once you have sufficient evidence of these elements, you must complete a Motion for Contempt to Enforce a Court Order and submit it to the clerk’s office at the court that made the order. 

Can I file a motion without a lawyer?

While it’s possible to file a motion for contempt on your own, it’s wise to consult with a divorce attorney first. A knowledgeable lawyer will help you gather the evidence needed to prove the violation occurred. Your lawyer will then complete the petition accurately and thoroughly on your behalf to prevent any unnecessary delays. 

If you’re planning on filing for divorce in Ohio, get in touch with Don Roberts Law Offices. Practicing out of Hilliard, this general practice firm is proud to represent clients throughout Columbus, Dublin, and all of Franklin County. Because they offer a broad range of legal services, they strive to establish a lasting relationship with each and every client. You might need a divorce attorney today, but if you need a custody lawyer or criminal law attorney tomorrow, you can count on them again. To schedule your first meeting with someone on their team, call (614) 777-4500 or fill out the form on their website. 

_{Don Roberts Law Offices is based in Columbus, Ohio, but serves clients throughout the State of Ohio. Our office in Hilliard, Ohio is convenient to Dublin, New Jefferson, Bexley, Westerville, New Albany, Hilliard, Grove City, Reynoldsburg, Gahanna, and other Franklin County municipalities. Our office is located in central Ohio and is just a short drive to/from anywhere in Ohio.  Attorney Advertising. This website is designed for general information only and should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. See our profile at Avvo.com or Martindale.com.}