At Kern Law, APC, we have successfully defended clients over the course of 20 years that have been accused of being in Contempt of Court. Contempt of Court is a very serious allegation, and a conviction carries significant consequences that can completely interrupt and cause significant problems if someone is convicted. Contempt of Court is a process by which one party accuses another party of violating a court order, by filing an Order to Show Cause and Affidavit for Contempt (OSC re: Contempt). The consequence of a conviction can lead to jail time.
The party filing the contempt must prove the following:
- Valid court order
- Knowledge of the order
- Ability to comply with the court order
- Willful violation of the court order
An experienced attorney that understands the nuances of contempt is paramount. Typically, the allegations will involve violations of family court orders – failure to pay child support, spousal support, violation of a visitation order, etc. – so a deep understanding of family law is important. However, the procedure is criminal – rules of evidence, burden of proof, proof of service requirements, etc. – and that requires an attorney who understands and practices criminal law.
For a first-time contempt conviction, the potential consequences include up to five days in county jail, five days of public work service, up to a $1000 fine for each count, and up to one year of probation. A conviction can also lead to significant attorney fees for the opposing party.
Contact Kern Law, APC, today to schedule a free consultation.