Understanding Contempt in Divorce & Family Law

Complying with court orders is a legal requirement. When it comes to divorce and family law, court orders could include things like custody arrangements, paying child support, or following visitation schedules. These orders are designed to protect the interests of all the parties involved, especially children.

However, when someone willfully disregards these orders, they may be found in contempt of court. This article breaks down what contempt means, common examples, its impact, potential penalties, and what you can do if it happens to you.

What is contempt?

To put it simply, contempt of court refers to the willful disobedience of a lawful court order or judgement. Both Oregon and Washington provide legal definitions for contempt in their respective state statutes, Oregon ORS 33.015(2)(b) and Washington RCW 7.21.010.

The key word here is willful. This means the person accused of contempt has the ability to comply with the court order but chose not to. Forgetting a court date or accidentally missing a child support payment may not meet the definition of contempt until it can be proven that the action, or inaction, was intentional. Understanding and adhering to court orders is crucial in various areas of family law.

Common Examples of Contempt in Divorce and Family Law

Contempt of court can take many forms in the context of family law. Here are some of the most common scenarios:

• Failure to pay child or spousal support
• Violation of custody or visitation orders
• Failure to comply with property division orders
• Non-compliance with protective orders
• Disobeying other court-mandated directives

When to File Contempt Charges

Filing for contempt is not something to be taken lightly. If you are considering filing for contempt, you need to understand when it's appropriate and enforceable.

Willful Disregard of Court Orders

To file contempt charges, you must demonstrate that the accused party willfully disobeyed a court order, i.e., they had the ability to comply but chose not to.

For example, if a parent skips court-ordered visitation despite being able to attend, or if someone refuses to make support payments they can afford, these actions may qualify as willful disobedience.

Cases Where Contempt Is Enforceable

Contempt is generally enforceable in cases involving clear and specific court orders – one of the reasons why it’s important to always work with a skilled and experienced attorney to draft court orders. Orders that are vague or open to interpretation may not provide sufficient grounds for enforcement.

For instance, a custody order that specifies exact visitation times is easier to enforce than one with ambiguous terms like "reasonable visitation."

If you believe the other party has violated a court order, consult with your attorney to determine whether filing contempt charges is the best course of action. This ensures that your case is built on a solid foundation of evidence and legal justification.

How does contempt of court impact you?

Whether as the accuser or the accused, being involved in a contempt case can have significant personal and legal ramifications.

For the Person Harmed by the Contempt

• Emotional Stress: When a former partner violates a court order, it can feel like a breach of trust, compounding the emotional strain of a divorce or child custody dispute.
• Financial Hardship: Missed support payments can quickly add up, creating financial instability for you and/or your children.
• Disrupted Schedules: Violations of custody or visitation orders can upend daily routines, negatively impacting children and the custodial parent.

For the Person Accused of Contempt:

• Legal Consequences: A contempt finding can result in fines, wage garnishment, or even jail time.
• Damaged Reputation: Being held in contempt may harm relationships with children or other family members, particularly if the contempt relates to parenting obligations.
• Future Legal Challenges: A history of non-compliance with court orders could influence future custody or support proceedings.

What to Do About Contempt

How you address contempt will depend on which side of the accusation you are on. In any case, there are steps you can take to address the situation. Empowering yourself with the right knowledge, staying organized, and acting decisively is key to protecting your rights.

If you are the victim of contempt, begin by documenting the violations. Keep detailed records of the other party’s non-compliance, such as dates, times, and specific incidents. Emails, text messages, and financial statements can serve as evidence to help build your case. Contact your attorney to file a motion for contempt with the court, outlining the violations and requesting enforcement of the original order. While the legal process can take time, staying organized and proactive is crucial to achieve a resolution.

If you are accused of contempt, start by reviewing the allegations against you and gathering evidence to demonstrate your compliance or explain any unintentional violations. Consult with a skilled family law attorney who can help you navigate potential penalties and present your side of the story. Acting promptly to address the issue, such as catching up on missed payments or adhering to the contested order, can also help mitigate potential consequences.

Penalties for Contempt

The penalties for contempt vary depending on the nature of the violation and the jurisdiction. In both Oregon and Washington, the courts have discretion to impose penalties. It’s important to note that penalties are not meant to be punitive but rather to enforce compliance and uphold the integrity of the court's orders.

Penalties may include:

1. Fines or Financial Sanctions
The court may order the offending party to pay fines or cover legal fees incurred by the other party as a result of the contempt.
2. Enforcement Measures
For child support arrears, courts may garnish wages, intercept tax refunds, or place liens on property.
3. Modification of Orders
In cases involving custody or visitation violations, the court may alter the parenting plan to reflect the child’s best interests or impose stricter compliance measures.
4. Jail Time
In extreme cases, the court may sentence the offending party to jail for failing to comply with its orders. This penalty is typically reserved for very serious violations.
5. Additional Obligations
Courts may require the offending party to attend mediation, parenting classes, or counseling as part of the contempt resolution process.

Dealing With Contempt of Court

Contempt of court is a serious matter in divorce and family law, with consequences that can affect both parties’ emotional and financial well-being. Understanding what constitutes contempt, recognizing its impact, and knowing how to address it are critical to resolving disputes and protecting your rights.

Speak With a Family Lawyer About Contempt of Court

At Gevurtz Menashe, we believe in empowering individuals to navigate complex family law matters with confidence. Our experienced team, with decades of experience dealing with contempt proceedings, is here to provide guidance and support every step of the way, whether you’re facing a contempt issue as the accuser or the accused.

Schedule a consultation today to discuss your situation and explore your options for moving forward.