Contempt of Court and How it Works
At the Law office of David P Schwarz we have prosecuted and defended many contempt actions in family law court. It is a remedy used by Child support agencies and the family court to enforce Orange County Court orders and potentially punish a litigant who allegedly disobeys a court order. Please contact our law office at 949 735 9266 or via the web. We can also be reached by email at firstname.lastname@example.org.
A Child support lawyer will protect their client against an overly litigious Child support service attorney who asserts a parent has failed to comply with certain child support orders. The first step that the child support agency will argue is that there was a valid court order. Thus the order must have come out of the child support court and signed by a judge.
Next a Child support attorney will inform the judge that his client did not receive a copy of the court order did he know that the court order was entered against him. However, if the Client attended the hearing while the order was entered on the minutes their defense will be very difficult.
Furthermore, an Orange County Lawyer will strongly assert that their client has no ability to comply with the court order. Namely in Child support cases where the client is ordered to pay a certain amount of child support. Often this is the most common case of violation of a court order. The inability to comply will certainly raise a strong defense to any contempt action against that client.
Civil or criminal contempt gives the Superior Court the power to compel compliance with their orders.
At the Law office of David P Schwarz we have dealt with the strenuous complexities of contempt proceedings. They are often labeled quasi criminal in nature because they involve penalties that take away the constitutional rights of the client. The complication lies in whether the citee which is what a defendant is called in a contempt action will suffer a criminal penalty.
In a civil contempt the punishment is remedial and for the benefit of the complainant
A Child support lawyer will clarify to the court that their client can only be punished under civil remedies for any violation of a child support order. Civil contempt is remedial in nature. Therefore, if the client is ordered to jail it would be only if they failed to comply with a court recommendation to pay a fine to them or to another party. Basically the client has control of their own destiny. If they can make financial arrangements with the Court their possibility of going to jail diminishes.
Nature of contempt. A party subject to a valid court order who, with knowledge of the order and the ability to comply, fails to comply with the terms of the order is subject to a contempt adjudication and statutory contempt penalties. As an enforcement remedy, exercise of the contempt power enables the court to compel compliance with its valid orders.
At the Law office of David P Schwarz we have litigated several Orange County contempt actions in child support court and received very admirable results. Please contact our office at 949 735 9266 or via web for a consultation. We can also be reached by email at email@example.com.