What is contempt?
Contempt is a legal term that refers to the willful disobedience or disregard of a court order, judgment, or decree. It can also include behavior that shows disrespect towards the court or interferes with its ability to administer justice. Contempt can be civil or criminal in nature and may result in fines, imprisonment, or other penalties.
In family law cases, contempt can arise when one party fails to comply with court orders regarding child custody, visitation, or support. The Cherry Law Firm, PC specializes in assisting clients facing contempt issues in family law matters. Our experienced attorneys are dedicated to helping clients enforce court orders and protect their rights, ensuring that the best interests of children and families are upheld.
How Court Orders Can Affect Your Family Law Case
Court orders in family law cases are legally binding and must be followed by all parties involved. These orders are put in place to protect the rights of both parents and children, as well as to ensure fair and just outcomes. Failure to comply with court orders can have serious consequences, including contempt charges. Some examples of court orders that may be enforced through contempt include:
- Child custody and visitation arrangements
- Child support payments
- Spousal support or alimony payments
- Division of marital property and assets
In addition to these specific orders, any other terms outlined in a divorce decree or parenting plan must also be honored. This includes things like attendance at counseling sessions or following guidelines for communication between co-parents. For information on how court orders may affect divorce proceedings, reach out to a divorce attorney at The Cherry Law Firm today.
Consequences of Contempt in Georgia Family Law Cases
In the state of Georgia, contempt can be either civil or criminal in nature. Civil contempt is typically used when one party fails to comply with court orders and the other party asks the court to enforce them. In these cases, the non-compliant party may face fines or other penalties until they comply with the order. However, if the offense is deemed criminal in nature, such as willful disobedience of a court order, the individual may face jail time in addition to fines.
Defending Against Contempt Charges
If you are facing contempt charges in relation to your family law case, it is important to seek legal representation immediately. Our attorneys at The Cherry Law Firm, PC have experience defending clients against contempt charges and can help you navigate the process and present a strong defense. Possible defenses against contempt charges may include:
- Lack of willful intent: If you can prove that your failure to comply with court orders was not intentional, but instead due to circumstances beyond your control, you may be able to avoid being held in contempt.
- Inability to comply: If complying with the court order is physically or financially impossible for you, this may serve as a valid defense against contempt.
- Improper service: If you were not properly served with the court order or were unaware of its existence, you may be able to contest the contempt charges.
Our attorneys will thoroughly review your case and work with you to build a strong defense strategy that takes into account the specifics of your situation. We understand the potential consequences of a contempt charge and will fight diligently to protect your rights and interests.
How We Help With Court Order Enforcement in Family Law Cases
A Court Order is not a suggestion or recommendation. It must be strictly followed at all times. If child or spousal support is due on the first of the month, the payee will be in contempt of Court if payment is not received by that date. If one parent is refusing to allow the other to see the child in violation of the terms of the Court's Order, the refusal to allow visitation is a violation of your parental rights and a violation of the law.
At The Cherry Law Firm, PC, we have years of experience helping parents in Cobb County and throughout the metro Atlanta area enforce existing Court Orders of all types. We know how important it is to abide by Court Orders, and we will take immediate action to enforce a Court Order that is not being followed.
Aggressively Defending Your Parental Rights
At The Cherry Law Firm PC, we are prepared to stand up for your rights. If your spouse or ex-spouse is not following the Court's Order, we can file a contempt petition on your behalf to enforce the Court Order. If the Order was willingly violated, the Court can Order your attorney's fees to be paid by the other party. We provide aggressive representation for parents whose rights have been denied, so they can get back to furthering the most important relationship in their life. We regularly seek counsel fees in connection with litigating contempt issues.
Schedule Your Initial Contempt Consultation Today
The sooner you call us, the sooner we can start assessing your situation and help to enforce an existing Court Order. To schedule a free 10-minute consultation, call us today at 770-444-3399, or click here to access our online scheduler. We serve clients throughout metro Atlanta, including those in Cobb County, Paulding County, Cherokee County and Bartow County.
