A court that renders a final decree of divorce, or any order, retains the power to enforce all aspects of the order or divorce decree. If either party violates the court order or divorce decree without, first motioning the court for modification that party is said to be in “contempt of court.”
We at the Lynch Law Group will take care of filing the necessary motions seeking Citation of Contempt before the Court. If the need arises, you can schedule a consultation so that we can access the areas of noncompliance and provide a clear strategy to ensure that the other party plays by the rules.
We must work to ensure we have a clear understanding as to what areas of the order or final decree have been violated and why the other party or ex-spouse should be held in contempt of court. The burden of proof during a contempt hearing is on the injured party. If you feel there has been contempt, be prepared when you go to court to prove your accusations. Some issues that are commonly violated are:
- Child Support
- Parenting time or Visitation
- Division of Property or Debts
- Payment of Monies and Attorneys’ fees
If you are able to prove that the other party or your ex-spouse is in violation of the court order or divorce decree they may be imprisoned for as long as the contempt continues. Most judges will give them the chance to immediately comply with the aspect they are in violation of. If they can’t or don’t comply a judge may order them jailed until they do.
“It is a pleasant world we live in, sir, a very pleasant world. There are bad people in it, Mr. Richard, but if there were no bad people, there would be no good lawyers.” ― Charles Dickens, The Old Curiosity Shop