Child support and child custody orders aren’t just suggestions. They’re legal mandates for which a person can face penalties for violating.
Contempt of court occurs when someone purposefully violates a court order. But what constitutes contempt of court in family law?
Key Considerations When Choosing a San Mateo Family Law Attorney
Working with an experienced San Mateo family law attorney is key when navigating issues like child custody or divorce. The right legal professional has extensive experience with your type of case, a communication style that matches your needs, and a commitment to upholding your rights under California family law.
When choosing a San Mateo family law attorney, don’t be afraid to schedule consultations with a few options on your list before making your final choice. This can give you the opportunity to meet with attorneys in person, discuss your case, and learn how they will approach your family law matter.
Whether you are the petitioner or respondent, you are legally obligated to follow all active court mandates.
What Constitutes Contempt of Court in Family Law?
Contempt of court is a willful violation of a court order. For example, perhaps you believe that your child’s other parent willfully violated your child support agreement, failing to make their payment by the expected date. Even if you reached an agreement via a family court consent order, violating those terms still constitutes contempt.
In California, each of the following key points would need to be true for someone to be held in contempt of court:
- The court order is current and valid.
- The other party knows about the court order.
- The other party is able to comply with the order.
- The other party was willful or intentional in their non-compliance.
If you have been accused of being in contempt of court or you believe another party in your family law case is intentionally violating orders, working with a family law attorney can help you explore your options and gather evidence for your case.
If a parent is refusing to comply with orders, you may need to file a legal motion to bring the matter before a judge.
The legal consequences of contempt in California can include up to five days in jail, a $1,000 fine, or 120 hours of community service for each count of contempt. The penalties for family law contempt are more severe than many people realize.
Examples of Family Law Contempt of Court
In some cases, violations are linked to safety concerns, making it vital to understand domestic violence legal impacts on your case. What types of actions can constitute contempt of court in family law cases? A few examples include:
- Failing to make court-ordered child support payments by the specified deadline
- Preventing a parent from visiting their child as ordered in the parenting plan
- Preventing a child from communicating with their other custodial parent
- Refusing to return a child to their other custodial parent
If you need help understanding court judgments and ensuring your compliance, your family law attorney can break down the terms of the court orders that apply to your case.
Seek Legal Assistance From Viola Law Firm P.C.
Now that you know what constitutes contempt of court in family law, your next step is understanding when to hire an attorney to assist you. Willful non-compliance is one of the common high-conflict mistakes that can negatively influence a judge’s perception of a parent. If you need help navigating California family court violations or enforcing family court orders, Viola Law Firm P.C. provides professional, personalized legal guidance. Contact us today at 650-643-4212 to request a consultation.
