Contempt refers to the deliberate and willful disregard of a court order. In family law and divorce cases, failure to adhere to court orders regarding property division, alimony, child custody or child support can lead to contempt charges. Successfully pursuing a contempt claim or mounting a defense against one entails meeting various requirements and taking several factors into account and our attorneys are experienced in seeking enforcement of an order and defending against one.
Requirements for Contempt
To succeed in a contempt claim, it’s essential to establish the following:
- Existence of a formal court order.
- The party initiating the claim is the appropriate one to do so.
- Non-compliance by the opposing party of the court's order.
- Willful disobedience by the opposing party, indicating they knowingly violated the order despite understanding its terms.
Defenses Against Contempt
In Georgia, the party facing contempt charges can assert various defenses, all aimed at proving the failure to comply with the court order was not willful. These defense include:
- Inability to pay.
- Voided court order due to lack of jurisdiction or proper venue.
- Good faith reliance on a private agreement between the parties.
- Court order deemed too vague for enforcement.
Even if the accused party is acquitted of contempt, they remain responsible for any outstanding payments or rectifying non-compliance as the court’s ruling may only indicate that the failure to adhere to the order was not willful.
If found in contempt, penalties often include monetary fines and sanctions such as payment of opposing party’s legal fees or wage garnishment. In egregious instances, penalties can also include prison time.
At Boyd Collar Nolen Tuggle & Roddenbery, our attorneys understand the complexities of pursuing enforcement of court orders and mounting robust defenses against contempt allegations. From establishing the existence of formal court orders to proving willful disobedience, we navigate each case diligently. Similarly, we adeptly navigate the array of defenses against contempt charge and our goal is to ensure that our clients’ rights are protected and their interests are vigorously advocated for.
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