Contempt of Court Attorney in Minnesota
When a divorce reaches conclusion, there are many things that have been sorted out by the court, and the parties involved. Custody, parenting time, child support, and spousal maintenance (alimony) are just a few of the issues that have been determined.
Sometimes, one of the parties will not fully uphold the court order that results from divorce. When there is some type of violation of the terms of the divorce decree, a motion can be filed with the help of a contempt attorney in Minnesota.
In family law, contempt motions can relate to a number of cases, including:
- Violation of parenting time provisions;
- Failure to pay child support or spousal maintenance (alimony);
- Out-of-state relocation without court permission; or
- Withholding of certain items of property
If you, or your former spouse violates a court order, then a motion of contempt is often the way to resolve the situation. A contempt of court lawyer in Minnesota can help.
What Is Contempt?
In simple terms, contempt is the disobedience of a court order. When one person violates a court order, he or she may be subject to discipline that includes fines or jail time.
Violating the order of the court in a divorce case can result in significant consequences, so contempt of court is something that should be treated very seriously.
In order for a court to make a finding of contempt, the following requirements must be met:
- The ruling court must have jurisdiction over the case;
- The party filing the motion for contempt must be able to prove exactly how their ex-spouse failed to perform according to the order of the court; and
- The party accused of contempt must have the opportunity to show that he or she has complied with the court order. If the party has not complied, then he or she must explain the reasons behind their failure to act.
During a contempt hearing, the court will hear testimony from both sides, and documented evidence is usually submitted. A contempt lawyer in Minnesota will be able to confidently guide you through the nuances of this process.
The Consequences Of A Contempt Finding
If a party is found to be in contempt of court, that party may face a consequence. Penalties for contempt may include:
- Jail time;
- Payment of fees; or
- Transfer of property interests
Oftentimes, the penalties for contempt are imposed on a conditional basis. The person found in contempt will have an opportunity to comply with the court order. If the order is still violated, then the penalty will be imposed after a second hearing.