Common Motions
Contempt? What is it, and why should I care?
Contempt is the process in which courts hold individuals and businesses accountable for defying court orders. But there is nuance to the system that most do not know about.
Civil vs. Criminal Contempt
- Civil Contempt:
Civil contempt is by far the most common type of contempt found in jurisprudence. It is not a crime, and civil contempt orders are usually entered within the context of an existing case. Usually when a party is not complying with an existing court order. Civil contempt can be requested by private parties to make them whole when they have been wronged.
IMPORTANT ASIDE: The goal of civil contempt is to compel compliance, NOT to punish a party in any way. - Criminal Contempt:
Criminal contempt is much rarer and serious. Criminal contempt is an independent crime and can only be entered at the sole discretion of a judge – not the request of a private party. However, the intent of criminal contempt is to PUNISH, rather than force compliance.
IMPORTANT ASIDE: When most people think of contempt, they are often thinking of criminal contempt.
What can the court do to people if they do not comply with orders:
In general, most judges rely on civil contempt orders (almost) exclusively. Court’s always look for a way to compel compliance with as light a touch as possible. Criminal contempt is often seen as an unsavory tool of last resort.
In the context of family law, it is highly unusual for someone to be arrested or face time behind bars. 99% of the time, escalating fines or make-up parenting time are typical contempt findings. These are usually enough to keep even the unruliest opponents in line.
In General
Even if the court orders are bogus, you will win no favor with your presiding judge by refusing to follow orders. Even if you can somehow escape consequence (you can’t), the Judge is the decision maker in your case, and they will remember your cooperation when making final decisions in your case.
If it comes to it, the court can enter:
- Huge fines with high compounding interest.
- Large attorney fee awards for filing contempt motions.
- Garnishment of wages and dividends.
- Forced sale of assets & belongings.
- Loss of child custody and parenting time.
- Loss of use of property or the marital home.
- Loss of management authority at the family business.
- And, yes, jail time if the court has no other choice.
How people can defend against contempt findings:
Clear wording: If an order is poorly worded, and there are multiple reasonable and good faith ways to interpret a parenting plan or previous decree of the court, then the court won’t punish a litigant.
Notice: If a litigant was not served with an order (and did not know about it’s existence) a court will not enter a contempt finding. The conduct at issue must be WILLFUL disobedience of the court. One can’t willfully disobey orders they did not know of.
Mistake or coincidence: Judges will generally not punish litigants if their failure to follow court orders if the disobedience was due to honest mistake, emergency, inclement weather, accident, illness, or other honest circumstance outside one’s control.
The great news:
Litigants who file contempt motions get reasonable attorney’s fees awarded if they win.
The bad news:
What “reasonable” means is left to the sole discretion of the judge. This often results in partial attorney fee awards, even when a litigant has done everything right.
Contempt & Parenting Plans:
Clear wording: If an order is poorly worded, and there are multiple reasonable and good faith ways to interpret a parenting plan or previous decree of the court, then the court won’t punish a litigant.
Notice:
If a litigant was not served with an order (and did not know about it’s existence) a court will not enter a contempt finding. The conduct at issue must be WILLFUL disobedience of the court. One can’t willfully disobey orders they did not know of.
Mistake or coincidence:
Judges will generally not punish litigants if their failure to follow court orders if the disobedience was due to honest mistake, emergency, inclement weather, accident, illness, or other honest circumstance outside one’s control.
Keep in mind that two wrongs do not make a right.
A court will not permit you to break a court order simply because the other party is, too.
A common example:
If your spouse is withholding child or spousal support, you MUST still follow the parenting plan and allow their usual parenting time. Willfully withholding the children will land you in hot water, and the other party’s failures will not be a defense.
The remedy is to file a contempt motion of your own while following all applicable orders in your case. The high road will generally impress judges, and if they sympathize with you, they will reward your patience.
An eye for an eye makes everyone blind.
Interested in other Family Law motions?
