When a court enters an order in a divorce or family law matter, that order is meant to be followed. Yet in practice, compliance does not always happen as it should. Child support may go unpaid, parenting schedules may be disregarded, or other important obligations may be ignored. When that occurs, it may be necessary to return to court to seek enforcement of the existing order. If you are dealing with noncompliance in a family law matter, the Providence divorce lawyers at Caprio Law can help you evaluate your options and pursue an appropriate remedy.
A contempt proceeding is a legal action that asks the court to enforce an order that already exists. It is a request that the court step in and require compliance with its prior directive.
Civil contempt generally refers to a willful failure to comply with a lawful court order when the individual has the present ability to comply. That word, “willful,” is important. The court is not looking to punish someone who truly cannot comply. Rather, it is looking to address situations where a party has chosen not to comply.
There are two primary types of contempt: civil contempt and criminal contempt. Civil contempt is compliance-based. Its purpose is to coerce obedience to the court’s order. Criminal contempt, on the other hand, is punitive in nature and is designed to punish past misconduct.
Although contempt can arise in different forms, most divorce and family law enforcement matters are civil in nature. For example, if a former spouse fails to pay court-ordered child support or refuses to follow a parenting plan, the court’s goal is typically to bring that individual back into compliance, not to impose punishment for the sake of punishment.
An enforcement or contempt proceeding may be appropriate where there is a clear court order in place and one party has failed to comply with it. In family law matters, some of the more common examples include the following:
First, you must review the existing court order. The language of the order must be clear and specific. If the obligation is vague, enforcement becomes more complicated and a different pleading may be more appropriate.
Next, you should gather all relevant documentation. This may include payment histories, bank records, correspondence, calendars, medical bills, or any other evidence demonstrating that the order has been violated.
Once the documentation is organized, a motion must be prepared. This motion will identify the specific order at issue, explain how it was violated, and request that the court find the opposing party in contempt of court.
After the motion is filed with the appropriate Rhode Island Family Court, the opposing party must be properly served with notice of the hearing.
Finally, both parties will appear before a judge at the scheduled hearing date, where evidence and testimony may be presented.
At a contempt hearing, the burden is on the moving party to establish certain elements. The court will not simply assume that a violation occurred. Generally, the following must be demonstrated:
If a judge finds that a party is in civil contempt, the court has broad authority to impose remedies intended to secure compliance with its prior order. Some possible penalties and corrective measures may include the following:
It’s important to understand that in civil contempt cases, incarceration is generally conditional. In other words, the individual may be released upon compliance with the court’s directive.
Ultimately, the consequences can be significant. Whether you are seeking enforcement or defending against a contempt allegation, having an experienced team of contempt and enforcement proceedings lawyers in your corner can substantially impact the outcome of your case.
If you are facing contempt or enforcement proceedings in Providence or anywhere in Rhode Island, the lawyers here at Caprio Law are here to fight for you. Contact our dedicated legal team today so we can begin building a comprehensive strategy on your behalf.
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