People fall subject to actions, referred to as contempt, after a judgment order or decree has been issued by the court. These declaratory items sometimes are issued to govern the behavior of parents. Generally at the beginning there is an order referred to as a standing order which parents must follow.
Most important as your attorney if we produce evidence that your soon to be ex has willfully disregarded the standing order OR any order we can then “make a motion” or “move” for a contempt ruling.
If the court rules in our favor for contempt it typically with give out a new decree binding the parent who was held in contempt.
In order for the court to find someone guilty of contempt the court has to reach a conclusion that the party could have complied but chose to violate the decree deliberately and without a reason.
Of course, there will be a contempt hearing and there the accused will be allowed to present evidence about the inability to comply.
How to determine what you face from a contempt action
While Contempt is a civil (not a criminal) offense, so the court typically hands down orders to make someone comply, keep in mind that jail is also an option.
A thorough evaluation of your situation can help in determining exactly what you will face or what you can have your soon to be ex face. Contempt isn’t taken lightly by the court and is serious everytime that it is brought before the judge.
Georgia Lawyer specializing in DUI, Drug Charges & Criminal Defense