Family law court orders are legally binding and must be obeyed. Contempt of court occurs when an individual intentionally decides to disobey a court order. Being held in contempt will result in consequences, such as paying a fine, serving jail time, and other actions, such as allowing make-up parenting time. An individual will receive a warning or notice if he/she has been charged with contempt.
In family law, an individual can be held in contempt for violating a child support, spousal support, child custody, visitation, and/or domestic violence protective order (DVPO). Some additional examples of contempt may include but are not limited to the following:
You can be held in contempt of court for an action or inaction.
To learn more about contempt in Oregon, contact our Portland contempt lawyers online or call us at (503) 208-3459 today.
There are two types of contempt: civil and criminal. Civil contempt aims to coerce the defendant into obeying the initial court order that was established. Criminal contempt seeks to preserve the court’s authority and punish the individual for intentionally disobeying the court order.
Anthony Stuart joined the Levine Law Center team in 2019 and is admitted to practice law in Oregon and Florida (presently inactive). He started his legal career in Florida and first started practicing family law alongside a complex business and family immigration law practice. After moving to Oregon in 2015, Anthony established a new law practice dedicated to working with small to medium-sized enterprises on regulatory matters, governmental affairs, mergers and acquisitions, and corporate governance.
You must show the court the following to prove that an individual is in contempt:
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If you violate a court order, you may be held in contempt of court and charged with a crime. Essentially, you will be held liable for your disobedience. The consequences you may face vary according to the type of court order you violated. If you violated a domestic violence protective order (DVPO), you could be faced with a fine and up to 6 months of jail.
If you know you may have to violate a court order as you cannot meet its terms, you should be proactive and seek permission from the court to modify the order. For example, if you cannot afford child support payments due to a serious financial change in your life, you can file an appeal to petition the court for a modification.
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If you are charged with contempt of court for violating an order, you have the right to be notified of the charges against you as well as the right to an attorney. It would be beneficial to seek the counsel of an experienced attorney before attending a hearing to testify on the matter.
Contempt of court is a serious allegation. As such, you may need to appear before a judge and stand trial to avoid punishment. Your attorney will be able to help you move forward with a defense, which you will need to explain why you were unable to fully comply with the established court order.
As each family law court order varies, it is important to secure the knowledge and legal experience of a reputable attorney to prove contempt or defend yourself if charged with contempt of an order. At Levine Law Center LLC, we are committed to protecting our clients’ rights and promoting their interests, whenever possible. We offer flexible payment plans and a team-oriented approach to ensure you have the support you deserve.
Schedule an initial consultation with our firm by contacting us online or calling us via (503) 208-3459. We are a multilingual law firm.
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