In terms of family law matters, you and your ex-spouse may be prohibited from violating certain court orders. These court orders may child custody agreements, cover spousal support payments, or child support payments. Often, they outline how every party should fulfill their duties. A party that fails to do so could be penalized and everybody involved will be in some troubles. Applicable court orders that are applicable to family law include child support, child custody, spousal support, visitation, protection orders, and restraining orders.
When a Court Order Violation can Happen
A violation of a court order is usually easy to recognize because of the specific guidelines stipulated in the order. For instance, if the court orders you to pay a certain amount in spousal support to your ex-spouse once every month, by a particular date, you will be in violation if you do not pay that amount by the date.
What Happens when you Violate a Court Order
If you or the other party violates the order of the court, the violator will be held in contempt of the court. Thus, that person will face a criminal charge and held liable for their actions. But, in case you know you will be violating an order from the court, you can get permission from the court before you make an actual violation. For instance, if you cannot follow the agreed child or spousal support, you can file an appeal to petition the court to change the order, often just temporarily.
What Does Being Charged with Contempt of Court Mean?
In case you will be charged with contempt of course after you violated an order, you have some rights and ways to defect yourself. You should be formally notified of the charges against you and have the right to legal counsel. In addition, you have the right to a hearing where you will give a testimony. Also, the other party should prove beyond a reasonable doubt that you are guilty.
As you face criminal charges, the court may still order you to give the payments you owe to your spouse. It is likely for the court to use wage garnishments for keeping you accountable and making sure you make the payments as what the law required you to do.
Because every case is different, it is necessary to consult with a family lawyer to discuss your situation before you take action. Your attorney will help you understand your rights and assist you through the legal matter. Find a reputable family law attorney at