Whether you need to enforce a court order, modify an existing order, or defend against a Complaint for Contempt, the experienced attorneys at Lambert Legal are here to aggressively enforce your court order or zealously defend you in actions for contempt.
Disobeying a Court Order
When agreements are reached and court orders are issued, it is expected that the terms and conditions will be followed by both parties. It can be infuriating when a party violates a court order. Perhaps you were waiting for a child support payment to purchase clothing and school supplies for your son/daughter, but the payor parent failed to pay. Maybe it is your turn to have the children on Christmas morning but the night before the custodial parent tells you the kids are not coming because they are sick. On the other hand, what if you are unable to follow the order due to extenuating circumstances such as loss of employment or a snow storm makes it unsafe to transport the children, are you still obligated to obey the court order? If you are unable to comply with a court order you may need to modify your existing order.
How to Enforce a Court Order
When a party fails to follow a valid court order the most effective way to ensure compliance and enforcement of the judgment/order is to file a Complaint for Contempt. The Plaintiff in a contempt action must prove by clear and convincing evidence that the defendant disobeyed a clear and unequivocal command. Thus, as the standard implies, the order must be clear and unambiguous so that the defendant knows what he/she is expected to do or not do under the order. In addition, the Plaintiff has the burden of proving by clear and convincing evidence the defendant did in fact disobey the order.
Penalties if Found in Contempt
If the court finds that a party disobeyed a clear and unambiguous order, the responsible party can face a wide range of penalties. The court can, and often does, commit a defendant to serve a sentence in jail if the defendant customarily failed to obey a court order relative to the support of a child. In cases where a parent tries to completely exclude the other parent from the child's life the judge can order a change in custody. The court can also order the responsible party to reimburse the plaintiff for his/her reasonable attorney fees and costs.
If you have questions or concerns about enforcing court orders or defending a Complaint for Contempt, please call Lambert Legal for a FREE consultation. We have years of experience in all areas of Massachusetts contempt law.