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Contempt

Contempt of court refers to the conduct of an individual that explicitly and in a very unambiguous manner disrespects, defies or insults the court’s authority or dignity. Contempt of court can happen in the form of a particular action or actions seen as detrimental to the court’s ability to administer justice.

There are two types of contempt of court:

  • Criminal contempt
  • Civil contempt.

Civil contempt is the failure to obey a court order and comply with the ruling. Civil contempt sanctions can be used by the judges to compel people into complying with a court order that has been deliberately violated.

Contempt cases are filed when it is apparent that there is a calculated and intentional violation of a court order. Here are a few examples of actions that can lead to contempt of court in the specific area of family law.

  • Violating the mutually agreed and accepted parenting time agreement
  • Failure to comply with the visitation time agreement by refusing to hand over the child to the other parent within the agreed timeline
  • Deliberately stalling the visit of the child to the other parent in accordance with the parenting plan or not putting efforts to ensure the same
  • Failure to pay child support or spousal support

Judges are empowered with the discretion to decide whom to hold in contempt and the type of contempt charges that can be pressed against the person or persons.

Those held in contempt can include:

  • Attorneys
  • Witnesses
  • People involved with a proceeding
  • Officers
  • The staff of the court

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Criminal contempt of court charges are punitive. They serve as a deterrent for similar acts in the future acts of contempt. It is not possible for a person jailed for criminal contempt to secure release by deciding to comply with the court.

Criminal contempt charges operate independently of the underlying case. The case can carry on even after the underlying case has been legally resolved. In view of the stringent outcome of such cases, it is necessary that charges of criminal contempt be proven beyond doubt for the proceedings of contempt to be initiated.

Contempt Can Be Also Classified as Direct And Indirect

Direct contempt cases are those that happen in the court, often in the presence of the judges. Shouting at the judge, addressing them disrespectfully, or acting in a way that obstructs the functioning of the court can attract direct contempt charges.

Indirect contempt cases are those that occur outside the court premises. Some examples are communicating with jurors in an inappropriate manner, refusing to hand over subpoenaed evidence, etc.

Want Quality And Expert Legal Assistance For Contempt of Court Case?

You can minimize the risk of a contempt of court charge by engaging the services of an attorney with experience in such cases. The attorney can represent you and speak on your behalf. At the Law Office of Rowena N. Nelson, we offer sound and quality advice on matters related to compliance with court orders. Our lawyers can also defend you when a contempt charge is leveled at you. Contact our office defense attorney. We can help you get a favorable resolution and that much-needed peace of mind.

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FAQs

frequently asked questions

What issues are involved in a Family Law case?

Family law includes a number of legal topics concerning marriage and children. Such topics include divorce or annulment, child custody and visitation rights, child support payments, and spousal support / alimony. Family law specifically deals with children in regards to adoption, guardianship, and state child protection, and domestic violence and restraining orders for adults.

How long does it take to get a divorce?

Once you have an attorney and file for a petition to divorce, the procedure can be as short as one to three months. This is best-case scenario. However, if the parties are unable to agree on settlement issues regarding child custody, support, alimony, distribution of property and other matters relevant to the divorce, the proceedings can take considerably longer.

How long does a domestic violence case take?

Domestic violence cases usually move through the court quickly due to the nature of the offense. Your attorney will file for a temporary restraining order with the court, which is almost always granted. A hearing will be set within 21 days to determine whether the temporary restraining order should become permanent.

How long does a paternity case take?

Paternity cases usually move quicker than divorce cases do. This is because paternity litigants simply adopt “temporary” child custody, and support orders as a judgment in order to finish their case. However, each party is entitled to a trial on all issues in a paternity case, so there is a chance it could be delayed if an agreement is not reached.

How do I file for child custody?

Child custody orders are usually part of the general divorce procedure. This necessitates filing an underlying action to establish parentage before the court will make custody orders. Once the underlying case is filed, either party may file a motion for child custody and visitation orders. These motions are called “Request for Orders”.

What is a contested divorce?

A “contested” divorce is the most complicated of divorces, because it involves spouses that can’t come to an agreement on one or more issues pertaining to their divorce and settlement. Contested topics may include the division of marital property and debts, child custody, child support, and spousal support (“alimony”).

What is an uncontested divorce?

An uncontested divorce means that the spouses are able to agree on the major issues involved in getting divorced. This could include parenting responsibilities, child support, and division of property and debt.

What is the difference between a Divorce and a Paternity Case?

The two most common types of cases that divorce and custody attorneys handle are divorces and paternity cases. While both follow the same litigation path, they are total opposites in family law. Divorces are the procedural mechanism for married parents to seek relief while paternity establishment cases are how unmarried parents seek custody and child support.

My case involves complicated issues. How can my attorney help?

Many family law matters involve complex litigation, which could include real estate issues, taxation issues, if assets are being concealed, and many others. Our attorneys have specific experience in all these areas and will work for a favorable outcome.

What is the difference between “Legal” and “Physical” Child Custody?

Legal custody is the right to make decisions on the behalf of a minor child in areas such as health, safety, education, religion, welfare, and more. Physical custody is the actual time a parent spends in exercising custody and control over a minor child.

Why do I need a Family Law Attorney?

The law can be complex, and it takes a trained attorney, who specializes in Family Law, to make sure your rights are protected. You need an experienced advocate on your side, someone who will listen to your concerns, and answer the many questions which will arise.

How will I be involved in my case?

Totally! We’ll explain your options, take you step by step through the process, and answer any and all questions you might have. We understand this is a difficult time in your life, and we’re very sensitive to that. Our sole aim is to make sure your rights are protected to the fullest, and that the outcome is the best possible.

How is alimony, spousal support, or maintenance determined?

The divorce laws of all the states determine if, and the length of time, one spouse will have to pay spousal support to the other after the termination of the marriage. This is a contentious issue in divorce, but many couples are able to take a decision on it by themselves, and if they are unable to reach a decision, they contact professionals to help them out.
In some cases, where equitable division of property is a concern, one of the factors taken into consideration is if a spouse is ready to pay support to the other. When the decision for maintenance or spousal support is to be taken, the court takes into consideration the division of property amongst the spouses. In community property states, this is usually not a concern. Factors like prior standard of living and economic status of both the parties are given more weightage. However, in the equitable property states, along with division of property, certain other factors are considered too, such as:

  • Length of the marriage
  • The presence of young children at home
  • Employment opportunities that are available to the spouse who is requesting for spousal support
  • The extent to which the dependent spouse contributed to the attainment of a professional license or education of the other spouse

What determines if spousal support will be granted?

It is the decision of the court if spousal support would be granted. You will be able to receive spousal support if you are dependent spouse. The court takes into account several factors to come to a decision about spousal support.

These are:

  • The length of the marriage
  • The age of both parties
  • The earning capacities of both parties
  • The standard of living in the marriage
  • The ability to gain employment of both parties

Apart from these, there are several other factors that the court looks at before coming to a decision on granting spousal support.

What are the advantages of a prenuptial agreement?

A prenuptial agreement has several advantages and it is strongly recommended that before you get married, you and your spouse create a prenuptial/pre-marriage agreement. This agreement would lay down the terms that would be followed in the event of your getting a divorce or the passing away of a spouse. This helps to keep your property separate and even provide for child/children outside of the marriage. A big advantage of a prenuptial agreement is protection from any debts that the spouse had.

With an agreement in place, there is a lot of peace of mind since in case anything goes wrong, most provisions would be in place. In fact, without an agreement, most property is considered as communal property and division of assets becomes quite difficult, making the divorce process that much tougher to undergo.

Can grandparents be awarded visitation or custody of a child?

The court determines what would be in the best interest of the child as regarding grandparental visitation or custody of a child. Traditionally, the common law denied visitation with a child to grandparents if a parent objected. But post 1965, all 50 states have enacted legislation that enables grandparents to approach the courts for seeking visitation with grandchildren. That doesn’t mean the automatic granting of visitation to grandparents; it simply means they have the right to petition the court for a visitation order. In all cases, the rights of the parent surpass a grandparent’s request for visitation or custody, and so grandparents must have serious reasons for pursuing legal avenues when seeking access to a grandchild.
Some states even allow the right to petition for visitation to other relatives like aunts, uncles, stepparents, etc. and even non-relatives with whom the child has a close relationship. In Maryland, the law doesn’t provide a list of factors that the court must consider to award custody or visitation. Judges are free to consider the facts and circumstances pertaining to each case before granting visitation or custody.

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