Dealing With A Difficult Divorce? Don't Risk A Contempt Of Court Charge
It isn't uncommon for a motion of contempt to be filed in a bitter divorce case, particularly where the parties have an ongoing feud over custody, assets, or support payments. If you're involved in a contentious divorce, this is what you should know about contempt charges (before you get one):
Criminal Contempt
Criminal contempt occurs when you disrupt the court proceedings or threaten the mechanisms of justice itself. For example, if you stand up and curse at the judge in a fit of anger or the bailiff overhears you mutter to yourself about how you feel like punching you ex's attorney, that will land you in criminal contempt. Depending on the severity of your action and the state you are in, you could face fines of several thousands of dollars and jail time up to six months or longer. These are meant to punish your behavior, not remedy a situation.
Keep in mind that even if you find out what the fine and jail time is in your jurisdiction and decide that it's worth it to you to express your distaste for the judge, the court, the opposing counsel or your ex-spouse, the long-term consequences of a rash act can be severe. Not only will you be angering the judge on your case and possibly prejudicing his or her opinion of you, contempt charges can become part of a public criminal record that will show up on any background report that's run on you. That could affect your ability to find housing, get a job, or obtain a security clearance in the future.
Civil Contempt
Civil contempt occurs when you show disrespect for the authority of the court by defiance of an order. The ultimate goal of a civil contempt citation is to force you to remedy the problem. For example, if you refuse to sign the deed of the family home over to your ex, per the divorce decree, that could result in a civil contempt order. Often, the threat of jail is enough to convince someone to comply with the order of the court -- but if not, most jurisdictions allow you to be thrown in jail for a virtually indefinite period. The reason that they can do so is that you already hold the keys to your prison: compliance with the order.
If a judge decides that jail isn't going to be an effective motivator, he can also fine you for civil contempt. For example, if you continuously refuse to tell your ex-spouse where you are when you have the children on vacation, in defiance of the custody order from the court, the judge may decide that jail is less appropriate than a fine for every violation. That could result in a hefty bill to the court if you don't start to comply with the order. Judges will generally do whatever they can to enforce their orders.
Don't take chances with your freedom and your future by risking a contempt charge, no matter how angry you may be at your situation. Instead, talk with an attorney, like those at the Law Offices of Gordon Liebmann, to see if you can find another solution.
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