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Contempt Cases In Family Law Matters

The court is supposed to the arbiter of disputes between spouses or other litigants in a family law matter. But the court cannot do its job if one of the parties involved refuses to cooperate and obey court orders. A person committing such acts is said to be in contempt of court. Thankfully, there are remedies and punishments that the court may impose to either force compliance or otherwise punish the person found in contempt.

I handle contempt cases resulting from a party’s violation of an existing court order. Contempt cases are fact- and evidence-sensitive. The moving party for the contempt has a burden of proof that must be shown to the court first and must show that the other side intentionally and willfully violated the order. I have tried a multitude of contempt cases all over northeast Georgia and will guide you as to the best steps to take to prove your case. Courts can sanction, fine and incarcerate the other litigant if a contempt of court case is established.

Examples Of Violations

These are some of the most common reasons someone might be charged with contempt in a family law case. All the examples below would be actions taken in direct violation of a court order:

  • Failure to pay child support or alimony
  • Failure to provide (or continue to provide) one’s child with health care benefits
  • Failure to abide by custody and visitation orders
  • Failure to pay required attorney fees of the other party
  • Refusal to sign documents that would allow for the transfer of property to a former spouse
  • Refusal to allow access to or surrender property that the court has given to a former spouse

Most of the time, the remedy in a contempt case is what’s known as a conditional sanction. This would be something like jailing a parent until they agree to pay all overdue child support. The court’s action is usually meant to remedy the situation rather than simply punish the person who violated the order.

Entrust Your Case To A Seasoned Litigator

Based in Gainesville, my firm, Candace M. Williams, P.C., serves family law clients throughout northeast Georgia. To discuss the details of your case with me, call my office at 470-705-5442 or simply send me an email.