People fall subject to actions, referred to as contempts, after a judgment order or a 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 importantly, as your family law attorney, if we produce evidence that your soon-to-be ex spouse 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 will give out a new decree that will bind 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 during which the accused will be allowed to present evidence about the inability to comply.
How to determine what you face from Contempt of Court
While contempt is a civil (not a criminal) offense, 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 partner/spouse face. Contempt isn’t taken lightly by the court and is serious every time that it is brought before the judge.
Our family law attorneys at Michael D. Barber & Associates will fight for you. Call one of our law offices in Atlanta and nearby cities for a case evaluation appointment.