CONTEMPT OF COURT IN DIVORCE
Services For Filing Enforcement And Defending Those Accused Of Contempt
What Constitutes Contempt Of Court
Contempt of court is a legal charge that can be made against persons who fail to comply with the terms of their divorce settlement. A divorce settlement is a binding legal agreement. The court that renders a divorce decree holds the full power to enforce all points of the settlement. A need to bring forth charges is done in a formal manner, pursued by a person filing a motion with the court.
Persons found guilty of contempt of court in Georgia may receive jail time, fines and otherwise be penalized. For detailed information you can search the internet for specific state laws, sentencing guidelines or articles on violation of court orders in Georgia.
The Motion For Contempt Of Court
The motion must be very specific in identifying why the motion has merit. Among other things, the motion should specify the obligations that are being violated, and why this should be considered as contempt. The party filing the motion bears the responsibility of proving the allegation so it is important to have support documentation when you go to court. We offer services to help clients with contempt issues including:
Filing A Motion Against Your Ex
We offer personal consultations to discuss your situation. If you can articulate your situation and provide the necessary proof, we can prepare and file the motion. While many issues are settled in court, it is possible to have the matter resolved without such expense and stress. We understand that the goal is simply to force compliance with the divorce decree. We do not recommend attempting to bring forth a motion for the purposes of trying to punish your ex-spouse. In some situations the way to resolve non-compliance issues is to consider the cause, and then modify the terms of your divorce settlement.
Defending Yourself Against Charges
Not every motion for violating a court order has merit. There are countless examples of vengeful or controlling ex-spouses filing unjustified motions. Our law firm has extensive experience in trial law, and specifically in representing clients charged with serious criminal conduct. Representing a client facing contempt charges is rarely a complicated event. If you are truly negligent, and susceptible to being found guilty, we can often negotiate on your behalf to mitigate consequences.