Contempt & Enforcement
Let Our Charlotte Family Law Attorney Help You
Sometimes court action is not over after a court ruling is reduced to a written order and signed by the judge. Unfortunately, some parties do not abide by the order. In those cases, the other side must often take the offending party back to court to enforce the order. This process is called filing for contempt.
Do you need legal counsel through such a matter? The Charlotte family lawyers at Krusch & Sellers, P.A. can help. We have an AV Preeminent® Rating from Martindale-Hubbell®, have been included in the Super Lawyers® list, and hold Superb Avvo ratings.
When you are ready to talk, call Krusch & Sellers, P.A. at (704) 343-8811.
How Is Contempt of Court Established?
In order to establish that the offending party is in civil contempt of the court order, the party filing the contempt motion must show that:
- The order is still in effect;
- The purpose of the order can still be served by compliance with the order;
- The failure to comply with the order was willful; and
- The person was able to comply or take reasonable steps to comply with the order.
A party found in contempt can be faced with monetary sanctions and/or imprisonment. There is also the option of criminal contempt for willful disobedience of a court’s lawful order. A person found guilty of criminal contempt can face a fine and/or imprisonment. You cannot be found in both civil and criminal contempt at one time.
Separation Agreement Violations
When a party has violated provisions in a separation agreement, he or she cannot be held in contempt because there is no court order. To force compliance, the party who wishes to enforce the separation agreement must file an action for specific performance. Specific performance is a special contract enforcement action for family contracts like separation agreements. These actions can be lengthy and costly, and can even involve a trial by jury.
To determine whether or not the other party can be forced to comply with an order or agreement, or to seek representation if you feel that you have appropriately abided by an order or agreement, call our office and schedule an appointment today.
Contact Us Today at (704) 343-8811
If you need to determine if another party has violated or refused to abide by an order and can therefore be held in contempt of court, we encourage you to reach out to our Charlotte family law attorney. We can help with enforcement or the protection of your rights and best interests.
Trust your case to our boutique family law firm. Call (704) 343-8811 now!