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Types Of Contempt Actions
Litigation between two parties often occurs because one of the parties fails to abide by the terms of a court’s order or judgment. When such a situation occurs during a divorce or family law matter, the party seeking enforcement can file a complaint for contempt with the Probate and Family Court.
A person involved in a divorce or other family law case may bring a contempt action against the other party for failure of the other person to abide by a court order or judgment concerning all types of issues, such as:
- Failure to pay child support
- Failure to pay alimony
- Not transferring property or executing documents necessary to transfer property
- Interfering with or preventing parenting time (visitation)
Requirements For Contempt Actions
The person bringing a contempt action (referred to as the plaintiff) has the burden of proving that the other party (the defendant) is in contempt. In general, the plaintiff in a contempt action must prove:
- The existence of a prior court judgment or order
- That the defendant had knowledge of the judgment or order
- That the defendant intentionally disobeyed the court judgment or order
The contempt action attorney at the Law Offices of Ira C. Yellin, LLC, has a high success rate on contempt actions brought on behalf of our clients. Call our Franklin law office at 508-528-8885. You can also send us an email.
Court Remedies On Contempt Actions
If the plaintiff is successful in convincing the court that the defendant is in contempt, there are several actions that the court may take to remediate the defendant’s failure to comply with the court’s order or judgment. The court can:
- Issue a new order which may modify or nullify the prior order or judgment
- Order the defendant to pay some or all of the attorney fees incurred by the plaintiff in bringing the contempt action
- Potentially order that the defendant be committed to jail (usually reserved for egregious behavior, such as a continued failure to pay court-ordered child support)
Contact A Contempt Action Attorney For A Free Consultation
If you believe that a court order has not been complied with, or if a complaint for contempt has been filed against you, contact us to schedule an appointment. You can email our Franklin, Massachusetts, contempt action lawyer at Law Offices of Ira C. Yellin, LLC, or call our Franklin office at 508-528-8885.