When a court makes a decision—be it regarding fines, jail time, child support, or community service—it is a legal requirement that the person in question fulfill the order. Failure to do so is what is known as contempt of court.
Most people have a Hollywood image of a lawyer losing his temper and screaming at a judge, and the judge then ordering the lawyer to be taken away and thrown in jail for contempt of court. In reality, this is probably the least frequent reason a contempt of court charge is made against someone. It’s best to start by taking a look at exactly what constitutes contempt of court, how to file for it in a child custody case, and what the consequences are when a court order is ignored–as well as how a qualified family lawyer in Virginia Beach can help.
What Is Contempt of Court?
Failure to adhere to a court order is considered contempt of court; however, outside of contempt taking place in the courtroom, many people may not even realize they are in contempt of court. If you are late in paying a fine, for example, you are in contempt. If you don’t show up for jury duty, you are in contempt. In the context of child custody, if you don’t pay your child support or don’t allow the other parent to see the child as per the visitation order, you are in contempt of court.
How to File for Contempt Against a Parent in a Custody Case
According to Virginia state laws, what is actually being filed is what is known as a “motion to show cause.” Before you file, you need to know what court handles custody cases. The petitioner must then inform the court if they are filing a criminal contempt or a civil contempt case. The two are differentiated as follows:
Criminal Contempt
Criminal contempt would be used in matters such as a violation of a restraining order, in which case the court has ordered that an individual stay away from the petitioner. Other examples would be interfering with the processes of the court, or getting angry enough at the judge that you say or do something inappropriate in court.
Civil Contempt
In custody matters, civil contempt is the more common of the two–civil contempt occurs if someone violates a civil court order. For example, civil contempt would be failure to pay restitution for damages in an accident, or in the case of child custody, it would most likely be failure to pay child support or failure to follow other terms of a court-ordered custody agreement.
After filing the motion to show cause for either criminal or civil contempt, a hearing will be scheduled. There, the accused will have an opportunity to explain why the court order was violated in case there were extenuating circumstances. Based on the testimony of the accused and the petitioner, the court will make a ruling on whether or not contempt of court occurred.
What Is the Punishment for Contempt of Court?
Punishments for contempt vary from fines of increasing magnitude until the court order is met, or in rare instances, indefinite jail time until the defendant is no longer in contempt. In child custody cases, however, these matters can get much more complex. If the contempt is a failure to pay child support, the court may order the parent to pay the owed child support plus penalties and additional fines. Continual failure to pay child support is a serious matter, not only in the Commonwealth of Virginia, but also in other parts of the United States.
Jail time is possible in serious cases of willful contempt. Furthermore, the court may order the garnishment of wages, seizure of property, denial or seizure of passports, and driver’s license suspension.
Failure to follow visitation schedules is also considered contempt, and the court may alter the custody agreement in favor of the parent who is not in contempt. In serious cases in which parents flee with their children to other states or countries, more serious charges, such as kidnapping, may be filed.
Final Thoughts
Filing against a parent for contempt of court in a custody case is a complex matter. It is highly advisable to have an experienced family attorney–such as those at Coastal Virginia Law–at your side during this difficult process. The attorney can advise you on the necessary steps that should be taken to maximize your chances of obtaining a favorable ruling in your custody dispute.