CONTEMPT ACTIONS CONTINUED

 

I have been served with a contempt motion. What are my defenses?

Here are some possible defenses to a charge of contempt:

 

The Court order is invalid because the court lacked jurisdiction. “Lacked jurisdiction” means the court had no authority to act (subject matter jurisdiction), or you were not served with legal notice in the original case (personal jurisdiction).

 

You did not violate the order. Example:  if the motion asks for back due support, proof of payment is a defense.

 

You are unable to obey the order through no fault of your own.

 

If the charge is not paying child support, and you claim you are unable to pay, you must show you tried hard to get work, save money, or otherwise  follow the order.

 

If the charge is a parenting plan violation, the court will presume you have the ability to follow the parenting plan. You must prove lack of ability or reasonable excuse.

 

No knowledge of the order. (Use this defense only if you can prove you were never properly got notice of the hearing that led to the order.)

 

The order is unclear, or seems to have more than one possible meaning. (You may then at least have some duty to try to obey the order as you interpret it and/or to seek clarification.  You cannot just ignore the order.)

 

The Court order has ended. (Examples:  a temporary order has expired; or the court has modified a parenting plan.)

 

A financial order is unrelated to support.

 

Agreement not to enforce the order by the other person or delay in enforcing is be a risky defense. It may be unwise to agree to ignore an order or to rely on the other party saying they will not enforce it. The court has made the order, not the other party.

 

 

The following items are probably NOT good defenses:

 

Saying someone advised you to violate the court order (whether the advice came from a lawyer or just a friend or family member).

You disagree with the order.

You believe the judge made a mistake by signing the order.

The other parent violated his/her own responsibilities under the order.  (Example:  if the other parent fails to allow you visitation, it does not excuse you from paying child support).

 

The person who has filed for contempt must show:

 

there is a court order in place                                         AND

the other person knows of the order                              AND

the other person has violated the court order                 AND

the other person has been given reasonable notice of the contempt hearing and the violations claimed.

The person charged with contempt can present defenses.  Usually, if s/he claims that s/he cannot obey the court order, s/he must have evidence to prove it. If s/he has filed his/her own motions, the court may hear them at the same time, if you have gotten proper notice.

 

If the other party fails to come to the court hearing or to review hearings, the court may issue a bench warrant for his/her arrest.

 

After hearing from both parties, the court will decide on the Complaint for Contempt.  The party who wins at the hearing then presents a written order for the court to sign. The judge usually signs that order the same day

 

What happens if the court enters a contempt order?

To remedy contempt, the court can order one or more of the following:

 

An order designed to make the person obey the order in the future;

 

Payment for losses to the injured party;

 

Attorney costs to the injured party in bringing the contempt action;

 

Imprisonment, as a last resort and only so long as it serves the purpose of get the person to comply with the order.

For more information about Complaints for Contempt please call us at (855) 645-3782.