Will the contempt proceeding stop if the order is obeyed and the contempt is purged?
Probably. It's up to the judge and many circumstances can be involved. but, probably.
The child visitation order must be obeyed. If the child refuses to go the non-custodial parent can file a motion for contempt and the custodial parent will need to explain the situation to the court. The child visitation order must be obeyed. If the child refuses to go the non-custodial parent can file a motion for contempt and the custodial parent will need to explain the situation to the court. The child visitation order must… Read More
What happens if you are found to be in contempt of court for not proceeding with missives on a house purchase?
Only the judge can rule on this since a violation of his court order would be treated as contempt of ocurt. While it is possible to be jailed for civil contempt the probable outcome will be a monetary fine aainst you. Read More
A Civil Contempt Order is an Order of the Court finding that you have not complied with some act that the Court required of you. As a result of the non-compliance, the Court holds you in Civil Contempt and punishes you -- usually monetarily or by jail time, but suspends the punishment for a period of time, giving you the opportunity to "purge" yourself of the contempt by doing what the Court requires of you… Read More
The answer is it depends. The issue of arrest for contempt is up to the judge. The judge may order an immediate arrest, may issue or warrant for arrest, or may give the party against whom the contempt is alleged time to "purge the contempt". The last is a chance for the party accused of contempt to correct whatever situation has caused the contempt to exist. Contempt is an afront to the court, whether it… Read More
Do you have to take your kids for out of state visitation if your ex is thousands of dollars behind in child support?
If there is a court order for visitation privileges it must be obeyed. Visitation and child support are treated as two entirely different issues. Just as an obligated parent is in contempt of a court order when they do not pay the mandated child support a custodial parent could be in contempt for not adhering to the visitation terms. Read More
Can a court order in a divorce stating your ex wife has to drop her ex husband last name be inforced?
Yes. A court order must be obeyed. If a person violates a court order the opposing party can return to court and file a motion for contempt. However, if the decree states that she has the right to resume her former name, she is not required to do so and can continue to use her "married" name. You should consult with that attorney who represented you in the divorce. Yes. A court order must be… Read More
What could happen if i took my ex wife to court because she only lets me see my three kids every other weekend?
If your ex wife is violating the visitation order then you can file a motion for contempt of a court order. If she continues to violate the court ordered visitation then she can lose custody. Stay on top of the situation. If you don't have a visitation order then petition the court and request one. Once ordered by the court visitation schedules must be obeyed. If your ex wife is violating the visitation order then… Read More
Unless the judge withdraws his order of contempt it will remain active (just as if it were a warrant) until the missing party presents themselves in court and answers to the judges concerns. If it is a civil contempt order, no arrest will take place - people are not arrested for civil contempt. However if it is a criminal contempt order, they are subject to arrest by law enforcement. Read More
Typically it is a misdemeanor. However, the judge can order you held in jail as long as the contempt is ongoing. Read More
Civil contempt is designed to get you to comply with an existing court order. If you are found in contempt or fail to attend the hearing the court can have you arrested. If you are outside the state where the order is issued and get picked up they may or may not transport you back to the state where you were found in contempt. Read More
Anyone who is subject to a court order and disregards it is in contempt. The contempt should be brought to the attention of the court. Read More
Is it true you need to get a lawyer in order to report your ex is in contempt of your custody order?
YOu are always better off with legal counsel but it is not mandatory. You can file a motion for contempt. Read More
You must return to the court that issued the order a file a motion for contempt of the court order. Read More
Leslie's contempt towards men showed in that she often got a restraining order against them for no reason at all. Read More
It's up to the judge. Typically it will be a fairly short period such as overnight; for most people, that's enough for them to get the hint. It also depends on the type of contempt of court involved. There are two types, depending on the reason for the citation: punitive contempt and coercive contempt. Punitive contempt sentences are typically very short duration, sometimes as little as several hours. Punitive contempt is intended to punish a… Read More
Yes. There is criminal and civil contempt of court. An example of criminal contempt is yelling at the judge or otherwise interfering with the ability of the court to function properly. Civil contempt is when a person willfully disobeys a court order. Fines and jail in civil contempt is generally not intended to punish--it is designed to motivate. A person is typically released as soon as they comply with the court order. Read More
You can appeal but a judge has the discretion to issue a contempt of court order and that is rarely reversed. If it is civil you "hold the keys" and can pay your way out. Read More
Can an employer refuse to deduct and remit child support from an employee who has a court order to have wages garnished by the employer?
No. That employer should be reported to the court. If a court order for garnishment was issued it is in contempt of a court order. No. That employer should be reported to the court. If a court order for garnishment was issued it is in contempt of a court order. No. That employer should be reported to the court. If a court order for garnishment was issued it is in contempt of a court order… Read More
If you were ordered by a judge, or via a court order, to do certain things by a certain time - and you don't do it, yes, you can be found in contempt for violating a court order. If you are just failing to fulfill an administrative requirement of the law, no, not contempt. Read More
The only one who can file a contempt motion is either the Defendant or Plaintiff. Motion for Contempt is filed when the conditions of a court order have NOT been met and it is a request for immediate (as immediate as you can get through the courts) resolution. Read More
Are you asking, "Is contempt of an order to repay someone for property criminal or civil?" If yes - - it means what it implies - - if you refuse/fail to pay you are in contempt of the COURT'S Order. Judge's don't like to have their orders disobeyed and they can impose civil penalties up to, and including, fines and jail. Read More
To prove contempt, the prosecutor or complainant must prove the four elements of contempt: existence of a lawful order the contemnor's knowledge of the order the contemnor's ability to comply the contemnor's failure to comply Read More
Yes. Contempt of court can be on either side of the issue. It is going against anything the court issued document ordered. Read More
Being held in contempt in a family law court case means you have violated a court order such as child support or a visitation order, or failed to appear in court. The court can impose sanctions. Read More
Anyone who is subject to a court order and refuses to obey it. Read More
Someone is in violation for non payment. Read More
You can be held in contempt of court. Read More
Can a custodial parent obtain a restraining order against the non custodial parent for not returning the child on a visit?
The first step is to file a motion for contempt of a court order. If the contempt continues the non custodial parent may lose visitation rights. A restraining order is not appropriate in the circumstances. You should visit the court and ask to speak with an advocate or consult with a private attorney. The first step is to file a motion for contempt of a court order. If the contempt continues the non custodial parent… Read More
You must file a motion with the court setting forth the violation(s) and requesting that the offending parent be found in contempt of the court's order. The court will take it from there, Read More
If you are talkikng about contempt of a civil family court order. Where the law is concerned never say never, but it DOES seem unlikely that it might occur. Read More
All the orders had to be obeyed. Read More
Return to court and file a motion for contempt. The court can impose sanctions when a party defies a court order. Return to court and file a motion for contempt. The court can impose sanctions when a party defies a court order. Return to court and file a motion for contempt. The court can impose sanctions when a party defies a court order. Return to court and file a motion for contempt. The court can… Read More
If someone is already in contempt of court for interfering with visitation and still interfers with visitation to the other party before the hearing or disobeys what happens to them?
The moment they were held in contempt, your attorney should have handed the judge a change of custody order. Contempt of court is considered a change of circumstance. see links below Read More
Can you get contempt of court when the noncustodial parent refuses to return the child when he is court order?
Yes, although the contempt citation is issued by the court after receiving documentation from the custodial parent of the failure of the noncustodial parent to obey the existing court order. Read More
It is a court order that suspends or stops a judicial proceeding or a judgment resulting from it - in part or in full. Read More
When a court issues an order, it means that the court is telling someone what they must do and/or not do. "Contrary to the order of the court" means that the court's order has not been obeyed. Someone's action(s) or inaction(s) is "contrary" to what the court said she been done or not done. In short, it means you have not obeyed the judge. Read More
No, nor should he. The father must obey the visitation order or he will be in contempt of a court order. Continued contempt can result in the loss of primary custody. Read More
Mandating is an authority issuing an order that must be obeyed by those who fall under that authority. Read More
Kreacher obeyed his order. Read More
Of course not. The father is not above the law. Whatever he is doing to keep the mother from her child, he needs to be reported to the authorities immediately. He is in contempt of a court order. The mother needs to speak with an advocate. In addition to what he is doing being in contempt of a court order she is also a victim of abuse. She needs to speak up. Of course not… Read More
They have committed contempt of court for which they can be sanctioned by the court. Read More
You, as an individual, cannot file a contempt of court charge. You must file a motion/petition with the court stating that the court's order affecting you has been flagrantly disobeyed which has had the effect of harming you. In the motion you bring all this to the attention of the judge and ask the JUDGE to bring contempt of court charges against the individual. Read More
Yes, the judge can over rule the custody order due to neglect on ones behalf. Read More
I have been trying to collect the court ordered child support ordered and with no luck. Now I have filed a contempt of court order and it is due before the judge shortly. Is it possible for him to delay it any longer, or is the appearance before the judge final? Read More
Would if someone files a motion that a judge issues a contempt order and before the hearing the person in contempt is still disobeying the order what happens to?
If you file a motion for contempt on the grounds that the court's order or a judge's order is being flagrantly disobeyed - - and the hearing on the motion is granted - - and the person cited in the motion continues to flagrantly disregard the courts order - - you should continue to keep verifiable records of those events until such time as the hearing is actually held - - and then present them… Read More
if you were awarded property in a divorce but the other party refuses to relinquish it what should you do?
Return to court immediately and file a motion against the ex for contempt of a court order. You may be able to get a court order for an assist from the local sheriff. Return to court immediately and file a motion against the ex for contempt of a court order. You may be able to get a court order for an assist from the local sheriff. Return to court immediately and file a motion against… Read More
Bring it to the attention of the court and they could be charged with contempt of court. Read More
File a motion with the court citing them for contempt of court. Read More
The court can find you in contempt. Read More
The penalty for criminal contempt in the state of New York will vary depending on what degree it is. The sentences can run from one year in jail to as much as seven years in prison. Read More