Jasper Contempt Lawyer Helping If Someone Defies A Court Order
The final decree of your divorce in Georgia is what you and your ex-spouse must now follow regarding custody and visitation, division of property and other issues. Whether you settled or went through a trial, a lot of effort went into making sure the order reflected the best interests of your children. If your ex-spouse fails to follow the order, you could have a legal argument for contempt of court. The same is true for failure to pay court-ordered child support.
D. Charles Fulcher, Attorney at Law, LLC, is ready to help you protect your rights and the time you spend with your children. The firm serves clients in Jasper, Pickens County and the surrounding area of northern Georgia. Attorney D. Charles “Charlie” Fulcher has been helping Georgians for over a decade. He can help you use contempt orders to enforce your rights.
How Does Contempt Of Court Work In Georgia?
Contempt of court refers to someone intentionally violating a judge’s order. The general standard for contempt includes proof that the offender willfully violated the court order when they had the means and ability to follow it. The court can find someone in either civil or criminal contempt, though civil is more common, especially in family law cases. In family law, contempt often involves a parent:
- Refusing to follow a parenting plan
- Skipping child support payments
- Denying court-ordered visitation
- Skipping spousal maintenance (alimony) payments
The injured party has the right to file a motion for contempt. The court then schedules a hearing to review the evidence. Contempt motions can get the other party to comply with the court order. If the court finds the other party’s violation was willful, it can impose strict penalties to force compliance. Contempt motions can also serve as a punitive measure for refusing to honor a court order.
What Are The Penalties For Contempt Of Court?
Georgia courts often have harsh consequences for violations of active legal orders. If the court charges a person with contempt, the remedies may include:
- Payment of any money or property owed
- Payment of any fines imposed by the court
- Payment of back child support or spousal support
- Enforced make-up visitation
- Jail time, in certain extreme circumstances
Judges tailor the punishments to each case to compel compliance and correct the willful violation. The goal is not only to penalize the offender but to ensure that they comply with future court orders.
What Is The Difference Between Contempt And A Modification Request?
A contempt order and a modification request have two entirely different purposes. A contempt motion seeks to enforce an existing court order when a party deliberately violates the rules.
A modification request asks the court to change the terms of a court order because your life circumstances have significantly changed. Georgia law does not allow a judge to modify child custody during a contempt hearing. You must file a separate action to change your permanent arrangement.
Which Situations Do Not Count As Contempt Of Court?
Sometimes, parents have a reasonable explanation for their failure to follow a court order. Usually, judges will not grant motions for contempt if the situation involves only:
- A few isolated mistakes
- A change in job status
- An unexpected health issue
These usually are not enough to charge someone with contempt.
Why Georgia Courts Take Contempt-Of-Custody Orders Seriously
Contempt of court is a serious allegation and the courts do not take it lightly. Studies show that children do better when both parents are involved in their lives, so Georgia courts take custody and visitation orders very seriously. Judges also know how quickly a child can fall into poverty when a parent stops paying child support.
Attorney Charlie can guide you through the process if you decide to bring an allegation of contempt. He will fight on your behalf to enforce the order and protect your rights. He can also defend your rights if your ex-spouse or your child’s other parent has threatened you with contempt proceedings.
Discuss Your Case With A Georgia Contempt Attorney
If you are wondering whether you should bring a charge of contempt, discuss it with Charlie Fulcher in a consultation. Call his office at 706-314-8068 or fill out his online contact form.