Contempt comes after an order or judgment issued by the court. The order and judgment orders parents’ conduct. Once the court issue an order, it is critical to follow them to the best of your ability and document them of any alleged violations from your former partner or ex-spouse. It is the history of the American jurisprudence that when parents do not follow the orders, then the court may take it personally. If a person and his counsel can show and prove that their former partner or ex-spouse has intentionally follow a court order, and moving party can seek from the court to request contempt in favor for you.
The standard to prove contempt is much higher in contempt action. It is best to consult with an attorney to determine if this is the best way to proceed. If the court rules for contempt against a party, the court can modify or rule new order binding the party who it has ruled against them.
If a party violates an order, it should rise to the level of being significant. When any provision of the order is violated, a contempt action is appropriate to be filed with the court. It is best to begin the contempt action when the court order is being violated and is recent violation as opposed to an old violation.
To be found in contempt, the court cannot say the guilty party did not follow the order. However, court must find the guilty party did not comply and violate the order with no good reason.
If a party and their counsel can provide evidence that contempt does exist, this will help your case. What attorneys do in this case that they may file a contempt action and motion to modify a current order issued by the court.
There are two type of contempt action. One is civil penalty and another is criminal type which means jail time. The court can either civilly punish by awarding attorney fees or extra time with your child if it is a custody case or be found in contempt which it can be on your record. In criminal type of contempt action, you can request jail time. There are many remedies that you can request from the court. Contempt is a powerful tool to enforce orders if a party is not simply complying with them. To prove contempt, it requires that you have sufficient evidence to prove that the party intentionally failed to comply with the court order.
The Soubra Law Firm is here to help parties who need an attorney who can assist them to make sure that their order is being followed. Soubra Law Firm represents individual in courts throughout Maryland and more specifically in Frederick County, Montgomery County, Washington County, and Carroll County. You can contact the Soubra Law Firm at 301-219-5038 to figure whether you should pursue a contempt action against the other party. It is important that you consider all options when the court order is not being followed by the other party. What options you have to enforce the court order.