What Does “Contempt of Court” Mean?

“Contempt of court” means someone has disobeyed a court order or disrupted the judicial process. You can be charged with contempt if you violate an order from the court. Also, you can receive a contempt charge if you yell, scream, or do other things considered to be disrespectful or disruptive in the courtroom.

In a family law case, contempt of court often relates to a party’s decision to disobey or ignore a court order. To understand this, consider an example.

You are involved in a child custody case or other family law litigation, and the other party is choosing not to comply with the terms of your court-ordered agreement. How would you force that person to honor the terms? The first step would be to contact a family law attorney in Franklin, Tennessee. Your lawyer can explain the process of taking that person to court, where a judge may hold them in contempt for their failure to follow your agreement’s terms. Being able to hold people in contempt for failing to abide by a court order provides the teeth to your agreement.

What does contempt of court mean exactly?

Per the U.S. Department of Justice (DOJ), contempt is defined as “an act of deliberate disobedience or disregard for the laws, regulations, or decorum of a public authority, such as a court or legislative body.” Contempt charges fall into two main categories: civil and criminal.

What is civil contempt?

Civil contempt is intended to get someone to comply with a court order — not punish them for past actions. The standard of proof is a preponderance of the evidence, although a stricter standard might be used in cases involving potential jailing. For example, if one party is ordered to pay child support but is four months behind, they may face civil contempt charges. The court can put that person in jail, but the goal is to force compliance, and the jail time will end as soon as the person complies – in this case, if they pay arrears, they can be released.

What is criminal contempt?

Criminal contempt occurs when a person’s actions obstruct justice – in family law, courts might use criminal contempt if the party’s refusal to comply is “willful.” For instance, one person might be struggling to pay support, but another might outright say they refuse to give any money to their ex-spouse out of spite. Unlike civil contempt, the criminal option is used as punishment. Because this is a criminal charge, the standard of proof is “beyond a reasonable doubt,” and the person can exercise their Fifth Amendment right against self-incrimination.

If the dispute is over child support, and the person is found in criminal contempt, they still must serve their sentence – potentially up to 10 days in jail and/or a $50 fine – even if they pay what they owe. Also, if they face multiple counts, the jail time and fines can add up. Criminal contempt might also apply to other violations of orders, such as if a parent refuses to give their co-parent their court-ordered parenting time. Make-up time for the missed visit would not allow them to avoid the penalty.

A person facing contempt charges can defend against them. For instance, imagine that the children were away at camp for a week as agreed upon by the parties. A parent forgot about the schedule change and alleges contempt after the children aren’t transferred to them at the normal time and place. This dispute would play out in court, with the judge making the final decision (juries are rarely involved in such claims).

If you are involved in a case where you or the other party may be in contempt, you need to work with an experienced divorce attorney in Franklin, Tennessee. Your attorney can provide insights into what contempt means in relation to your case and help you pursue appropriate legal options.

What does criminal and civil contempt of court in Tennessee look like?

Your lawyer can share family law FAQs to teach you about civil and criminal contempt of court in Tennessee. They can discuss both types of contempt with you and explain the immediate and long-term ramifications of each.

Reasons why the court could hold someone in contempt include:

• Not paying child support, alimony, or similar court-mandated expenses
• Not appearing at a court hearing or complying with court-ordered visitation
• Not complying with a divorce decree or parenting plan
• Refusing to transfer property that the court awarded the other party
• Refusing to share documents in spite of the fact that the court has ordered them to do so

With a contempt of court order, you can hold a party accountable for their actions. Plus, your contempt request could deter them from committing similar acts that harm you or your child moving forward.

Steps to file a contempt of court order in Tennessee

It’s important to work with a family law firm that employs attorneys who understand the contempt of court order process. Your lawyer can guide you through these steps to file your contempt order.

1. Find out if you have the right to initiate an action of contempt

Discuss your case with your attorney. They will verify that you are within your legal rights to submit a contempt action. At the same time, your lawyer can offer legal tips and recommendations to explore alternatives that could help you resolve your issue without having to proceed with the contempt of court process.

2. Collect evidence

Gather proof to support your contempt request. For example, the other parent chooses not to cover their child support. You can provide details about the dates this parent did not pay and other pertinent information. If you have an abundance of evidence, it could make it tough for the other party to contest your case against them.

3. Submit your motion

Your attorney will likely notify the other party that you intend to file a contempt of court motion before you follow through on it. In your family law case, this gives your former spouse a final opportunity to resolve the situation. If no resolution is reached, your lawyer can submit the motion.

4. Wait for the other party to respond

The other party has the right to respond to your motion. The other party typically has 30 days to respond. Your lawyer should let you know if you receive a response and help you determine the next steps from here. Often, the court will schedule a hearing on the matter.

Give your contempt of court request the attention it deserves. Get help from attorneys who are diligent as they research your case and prepare your contempt petition. Your lawyer can put you in a position to achieve your desired contempt of court order result.

Ask for legal help with your contempt of court request

Submitting a contempt of court petition can be a long and arduous process. A single mistake can hurt your chances of getting the result you want from your petition. Thankfully, a family law lawyer can assist you throughout the contempt of court request process.

The Law Offices of Adrian H. Altshuler & Associates offers comprehensive legal representation for clients throughout Tennessee. We can teach you about contempt of court and help you take legal action against anyone who is choosing not to comply with a legally binding agreement. To schedule a free consultation, contact us today.