Mankato Contempt Process Attorney
The Contempt motion in a family law case may be filed when one party has violated a court order, such as a parenting time arrangement, failure to pay child support, or failure to pay spousal support. Other types of contempt include withholding property or relocating out-of-state with a child without the permission of the court.
If your former spouse or another party you have had a family legal matter with has violated a court order or you are someone who has been accused of not complying with a court order, a Southern Minnesota contempt process attorney can help.
Definition Of Contempt
Contempt is the disobedience of a court order made in family court. Contempt is a legal process that is used to force each party to comply with all court orders. However, for the court to make a contempt finding, certain requirements must be met and they include:
- The court making the ruling must have jurisdiction.
- The party filing the motion of contempt must show what the obligations were that needed to be performed under the order and what proves the failure to perform.
- The person who has been filed against needs to prove that they have complied with the court order. If they failed to comply, then they must explain why they did not comply.
The contempt hearing will usually involve each side testifying, along with documented evidence being submitted.
Minnesota Contempt Penalties
Once an individual is found to be in contempt, the court may impose a conditional penalty. This penalty may include a fine, jail time, fee payments, property transfers, judgments, and other consequences. Penalties are conditionally imposed so that the person who violated the court order has a chance to comply with it. If they still fail to comply, a second hearing has to be held so that the penalty can be imposed.
Your Mankato contempt process lawyer can help you if the other party still fails to comply with the court order. You will have to submit evidence that they failed and you may have to once again testify regarding that violation so that the other party has to pay the penalties. Many times, the party will comply so they do not have to spend time in jail, pay fines, lose property, pay fees, or whatever consequence the judge feels is appropriate.
Contact A Southern Minnesota Contempt Process Lawyer
The failure to follow a court order is considered contempt and there are penalties for this. A person may be told to pay back child support, they may have to pay back alimony, or they may serve jail time. If a person does not rectify the act that put them in contempt, they could face a number of penalties. If the other party in your family legal matter violates the court order and they are in contempt, you need to notify your attorney as soon as possible. Call Birkholz Law, LLC at the Mankato office at 507-387-2100, the St. James office at 507-375-3374, or the Westbrook office at 507-274-6501 for a free consultation.