Contempt of Court

What Is Contempt in Divorce?

Contempt of court charges result from any deliberate failure to comply with the legal process, including the disruption of the court, a failure to obey a court order or judgment. The Uniform Marriage and Divorce Act provides that the terms and conditions of a separation agreement or divorce decree are enforceable by contempt, and may be civil or criminal in nature.

During a divorce, especially a contested divorce, contempt charges could be brought for failing to produce records as requested by the court, or otherwise trying to circumvent the authority of the court.

The enforcement of any and all court orders is serious business. The courts in general, and judges specifically, take great offense to anyone that is not in compliance with their mandates and decisions. The courts can assess fines and, in some cases, issue a bench warrant for your arrest. The actual enforcement varies depending upon the nature of your situation.

Is Contempt a Felony?

Contempt related to a divorce matter is almost always a simple misdemeanor or civil offense. A first, or even second, offense will usually bring relatively light consequences. An exception is a contempt of court relative to a protective order. Violation of a protective order will be a problem for anyone found guilty.

Contempt matters could potentially become a felony for chronic non-compliance. The circumstances, nature of the non-compliance, and attitude of the accused are the main drivers in what a judge may do with the accused.

Proving Contempt of Court in Georgia

Proving contempt of court in a Georgia divorce matter generally involves presenting three key circumstances that, when combined, may constitute contempt.

Three Key Points to Establish Contempt

1. There is an existing court order which clearly states the requirment which is not being satisfied. Examples are a Settlement Agreement, Parenting Plan or protective order.
2. The accused is in a state of non-compliance. The most common form of contempt in a divorce, and easy enough to prove, is a parent being behind in child support payments. Their lack of ability to show payments were made is evidence of guilt.
3. The circumstances indicate a willful negligence. A single missed child support payment could be explained as a simple oversight. Multiple missed payments is hardly an accident. Missing payments due to something like loss of a job does not make non-payment okay, but it does cast doubt on being intentional. Failure to communicate with the receiving parent could be viewed as a lack of caring about the matter.

Defense for Contempt Charges

If you are in the position of being, or soon to be, in contempt of court you should contact our office immediately. It is possible for us to intercede on your behalf with the court to minimize or avoid the potentially serious legal problems. If you are already in contempt we can help you with any arrest warrants, incarceration issues and more.

What Is the Penalty for Contempt of Court in Georgia?

Contempt charge penalties in Georgia vary according to the nature of your offense(s) and the reasons for the problem. Contempt charges may be treated as civil offenses punishable by fines, or they may be criminal in nature and warrant jail time. A typical contempt charge is a one to three weeks in jail.

Additionally, the court can legally garnish your wages, or make assessments against your assets. When in contempt of court, with proper representation, a judge may give you a chance to come into compliance before reprimanding you into custody. We do not recommend going in to court without representation by an attorney.

Need to file for, or defend against, a contempt charge? Contact a family law attorney.