If someone has violated a court order, including a divorce decree, the aggrieved party can request an Order to Show Cause. This is a enforcement action meant to require the accused violating party to come to court and explain why he or she may have failed to follow the order. The accused violating party will also have an opportunity to defend him or herself or explain why the violation is justified.
To be held in contempt, the accused violating party must have known the order exists, had the ability to follow the order, and willfully failed to do so. For example, if the accused violator knew of the court’s order, but did not have the ability to abide, then he or she should not be held in contempt.
Potential punishments for being held in contempt include: fines, jail time, loss of licenses, community service, and paying the aggrieved party’s attorney’s fees. These punishments become more severe depending on the amount of harm caused, the length of the violation, and any remedial measures that have been taken.
Decree enforcement can be a complicated matter. The evidence for or against contempt must be properly presented or the court may make the wrong decision. Let the attorneys at Slemboski & Tobler help you if you are being harmed by another’s failure to follow a court order, or if you are being accused of violating an order.