| DIVORCE & PATERNITY MEDIATION |
COLLABORATIVE LAW |
ATTORNEY REPRESENTATION |
Contempts - Boston, Framingham & Worcester
If the other party in your case is failing to meet the obligations and requirements of Court Orders or Judgments then you may be entiteld to Contempt sactions against them. Below we have provided answers to many of the common questions that we are asked by our clients involved in Complaint for Contempt disputes. If you would like more information please do not hesitate to call us at 508.655.5980 or e-mail us.
What is a Complaint for Contempt?
A Complaint for Contempt is the action by which you can request that the Court make a finding and issue sanctions for failure of one party to meet the obligations and requirements of a Court Order or Judgment. To succeed on a Complaint for Contempt you must prove two things: first you must prove that there has been a "clear and unambiguous" order or judgment and second you must prove that the other party "knowingly violated" the order. The standards for succeeding on a Complaint for Contempt are explained at further length below.What is a "clear and unambiguous" order or judgment?
A "clear and unambiguous" order or judgment is simply explained as an order or judgment that cannot be mistaken to mean something else. For example, if the Order that you want to enforce is vague or unspecific in any way, then the opposing party may not have failed to comply on purpose, but simply interpreted the order differently. If you want to clarify orders that are vague, you might be better off filing a Motion (if the order is not final) or a Complaint for Modification (to change final orders).What is a "knowing violation" of the order or judgment?
A "knowing violation" is simply explained as a purposeful failure to comply with the order. In most cases this is clear. For exmaple, if a payor fails to pay child suport, then the violation is most likely with knowledge that they are supposed to be making said payments. If, however, payment was missed by mistake (for example the recipient moved and failed to notify the payor), then the violation was by accident and therefore not a Contempt of the court order.What are the possible sanctions for violating a Court Order or Judgment?
If a Defendant is found to have knowingly violated a clear and unambiguous court order or judgment and they had the ability to comply, then the Court can order them to comply, can make related orders, and can impose sanctions for an ongoing failure to comply. For example, in a failure to pay child support case, the court can order the defendant to make payment either immediately or over time on a payment plan, can order the defendant to search for a job, and can even order payment of the Plaintiff's attorneys fees and costs or in extreme cases jailtime.What if I didn't have the "ability to comply?"
A defense to a Complaint for Contempt is an inability to comply with the order. For example, an inability to pay a support order can be a defense that might keep a payor out of jail, although the court can still order the payor to make changes that could lead to an ability to comply, such as searching for a job.Click here to learn more about Restraining Orders.
