Sunday, November 2, 2014

Is Your Ex in Contempt of a Court Order?

Proving a charge of contempt in a court of law requires specific proof and procedure.  If you believe that your ex may be in contempt, consider the following:

  1. Contempt is a serious charge, therefore, you must have adequate proof. 
  2. Bringing a contempt case to court requires an investment of time and money. There will be legal fees, expenses and court costs (if you believe that you may qualify for legal aid, explore that option).
  3. You will need to keep track of the violations that you believe your ex has committed. This means dates, times, and a summary of what happened. (for example, S/he did not pay child support for the following months or s/he did not return the children on the following dates).
  4. You should organize all your proof and get a legal consultation with a family law attorney.
  5. If the violations include anything which poses a threat to the health and safety of your own self, your children or others, act immediately and call police when indicated. You may also need a protective order.
Your family law attorney can inform you of the various ways that the case may proceed and help you to understand all of your options. In some cases, a contempt charge may be settled prior to a trial, but if one is necessary, you and your attorney will work together to be prepared.

Important point:  If contempt of a court order is going on now, start keeping good records of dates, times, and details in case you need this for the future. It is a lot easier to keep an accurate record of something while it is happening that to try to remember it months or years later. 

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