When an ex violates court orders, filing a motion for contempt is a legal option to carefully consider. Contempt is a severe legal remedy that can be used when a person intentionally disobeys a court order. When it comes to family law cases, judges generally do not want to find someone in contempt unless there is a serious violation of a restraining order, or one party fails to act in court-ordered manners like child support or spousal maintenance. Common examples of contempt in family law cases include:.
A judge can order the party in contempt to complete the following tasks as a consequence for violating the court order:. To establish contempt in a family law case, you must prove there is a valid court order in effect, the other person was aware of the court order, and the facts of your case show a clear violation of the order.
You must also prove you have given the other person notice of the contempt hearing, an opportunity state their case, and that c ontempt is an appropriate remedy for the violation. Specify what the court order required the offending party to do. Provide an explanation of how the offending party has willfully refused to comply with the court order.
Check your requested relief. There are a variety of options for relief on a contempt motion, including enforcement of the previous order, payment of costs and fees, fines, garnishment and make-up time-sharing. Sign and date the contempt motion. You must sign in the presence of a notary or deputy clerk, who must also sign the form. File your contempt motion with the Florida clerk of court.
If you have an address for the persons in violation of the original order, you may serve a copy via registered mail. Once the violating party has been served, the Florida clerk of court will set a hearing date.
Lawyers file a Motion For Contempt against a party that is not complying with a court order. The person seeking a court order holding a non-compliant party in contempt must show the following:. The above example uses alimony, but if a party fails to comply with any term of his or her court-ordered obligations the result may be a finding of contempt.
An exception to this would be failing to comply with an order requiring payments as part of equitable distribution. When drafting your Motion For Contempt And Enforcement, you must specifically allege why the party is in contempt. You must identify how the other party is not complying with the court order. Attach a copy of the order or judgment to your motion. You must advise the court that the party is in willful contempt.
I will use the above example of alimony to illustrate.
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