When a person disregards the family court’s authority or orders, they may face charges of contempt of court. Depending on the nature of the person’s offense, a court can impose various types of punishment for contempt of family court.
Types of Contempt in Family Court
In family court in North Carolina, a person may face two kinds of contempt of court charges: civil contempt and criminal contempt. Civil contempt of court occurs when a person disregards or fails to follow a written court order. In family court, a person may face a charge of civil contempt for not complying with spousal maintenance, child support, or child custody/parenting time orders. Punishment for civil contempt seeks to compel an individual’s compliance with the court’s orders.
Criminal contempt occurs when a person engages in behavior that disrupts court proceedings or undermines the authority of or respect for the court. For example, civil contempt charges may occur when a person engages in disruptive behavior in the courtroom, such as loud outbursts or making audible offensive comments toward the court. Penalties for criminal contempt seek to punish individuals for disrupting the court’s proceedings and to uphold the authority of the court to control conduct in the courtroom and issue orders that people must follow.
Punishments for Contempt of Family Court
Penalties for contempt of family court differ between civil and criminal contempt. Common penalties for civil contempt of court include:
Fines designed to compel a person’s compliance with court orders
Wage garnishment or asset seizures to fulfill a person’s obligations under a family court order like a spousal maintenance or child support order
Detention in municipal or county jail until an individual satisfies their obligations under a court order
Penalties for criminal contempt of family court include:
A fixed term of incarceration in municipal or county jail (usually up to 30 days)
Fines
Community service
A criminal record bearing a conviction for criminal contempt
Common Scenarios Leading to Contempt of Family Court
Common situations in family court that may lead a person to face charges of civil or criminal contempt include:
Failure to pay child or spousal support obligations
Failure to turn over money or asses as ordered by the equitable distribution provisions of a divorce judgment
Withholding a co-parent’s parenting time under the court-ordered parenting schedule
Traveling out of the jurisdiction with a child subject to a custody order without the other parent’s or the court’s permissions
Defenses Against Contempt Allegations
A person facing civil or criminal contempt charges may assert various factual or legal defenses against the contempt allegations. Some of the most common defenses used to fight contempt of family court charges include:
Financial hardship: Individuals charged with civil contempt in a family court case may allege financial hardship that makes it impossible to meet their child or spousal support obligations.
Lack of clarity of court orders: People accused of contempt of family court for violating court orders may claim the order’s provisions have ambiguous language and, thus, they did not intend to violate the order.
Taking reasonable steps towards compliance: A person charged with civil contempt may assert they’ve made reasonable steps to comply with the court’s order but have not yet fulfilled the order due to circumstances outside their control, such as completing the paperwork necessary to transfer property per a divorce judgment.
Correcting behavior before the contempt hearing: A court may drop contempt charges if the person has remedied the circumstances giving rise to the charges (such as paying spousal/child support arrears).
Lack of intent: A person facing a first-time contempt charge may claim they inadvertently violated a court order (such as failing to exchange custody) due to an oversight. This may convince the court to issue a warning instead of finding the person in contempt and imposing penalties.
How to Avoid Contempt Charges
A person can avoid facing contempt charges by strictly adhering to court orders and requesting clarification if they do not understand their obligations under the court’s order. When personal circumstances make it difficult for a person to comply with a family court order, they should seek modification rather than cease compliance. Alternatively, the person can communicate with their ex or their ex’s counsel to negotiate a resolution when compliance with the court’s order becomes impractical.
Contact a Family Law Attorney Today
After facing charges of contempt of family court, you need experienced legal counsel to protect your rights, interests, and future. Call Marshall & Taylor PLLC today at (919) 933-1040 for a confidential consultation with a family law attorney to discuss the potential consequences of contempt of court and your options for resolving your alleged contempt of court in family court in Raleigh.