Contempt Actions & Post Judgement Issue

Contempt Actions & Post Judgement Issue

If a party does not follow a Court Order or is disrespectful to the Court, he or she may be in contempt of court. The sanctions or punishment for disobeying a Court Order can be severe, including but not limited to being jailed. A party can be found to be in civil contempt and criminal contempt.

The contempt power of a Court is a necessary one to ensure compliance and adherence to the Court’s Orders, Decrees, and Judgments.

If a party willfully fails to follow a Court’s ruling (such as with regard to alimony, child support, custody, parenting time, division of property, payment of attorney’s fees, etc.), then they may be in contempt of court.

Of course, the keys are there that there must be a court order and a party’s willful disobeyance of the court order. While there are many defenses to a contempt, the general defenses argued are that a party actually did not violate a court order as alleged, that the violation was not willful, or inability to pay. The inability to pay defense is not as easy or straightforward as it sounds, and it is strongly encouraged that you at least consult with an attorney.

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