Contempt Law Attorney Upland CA

It’s crucial to be aware of all potential outcomes in a divorce case in California, including the risk that you or your spouse could be found in contempt of court. A family law contempt of court is a crime committed when a legal requirement, such as child support, is blatantly disregarded. In California, being found guilty of contempt carries substantial repercussions, including the potential for jail time. Contempt Law Attorney Upland CA

Have you been charged with contempt proceedings? Finding a skilled, trustworthy contempt waw attorney to defend you and help you achieve the best result in your case is in your best interests. The Law Office of Stephen Gassner has been representing clients for years. As a result, we are familiar with the legal system and the regulations governing contempt cases. To arrange an initial consultation, get in touch with the Law Office of Stephen Gassner immediately. We will listen to you to better understand your case and give you honest and upfront advice on how best to proceed.

Everything You Need to Know About Contempt Proceedings

When Is it Okay to File Contempt Proceedings in California Family Court?

An agreement with your spouse is the Even if you finished divorce proceedings in California or your co-parent recently decided on child custody does not necessarily mean that your time in the family court system is over. For various reasons, you should review your family court order. For instance, some people must submit applications to have their family court orders modified due to recent significant life events. In addition, due to your ex-spouse’s or co-parent’s actions, you might also need to go back to court to bring contempt charges against them.

What Is Contempt of Court?

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Contempt of court is when someone willfully disobeys a valid family court order. The person’s breach must be willful, intentional, and severely impact people subject to the relevant family court order to warrant contempt of court proceedings.

The following are some frequently cited instances of conduct that could result in contempt proceedings in the California family court system:

Preventing Visitation

A parent subject to a visitation order must follow its provisions, regardless of whether they disagree with them. A parent who inhibits the other parent from exercising their right to visitation may be found in contempt of court and may lose some or all custody rights.

Interference with Communication Between a Parent and a Child

A custodial parent is not permitted to obstruct their child’s capacity to interact with the other parent unless a family court judgment explicitly prohibits contact between a parent and their child.

Interference with Communication Between a Parent and a Child

A custodial parent is not permitted to obstruct their child’s capacity to interact with the other parent unless a family court judgment explicitly prohibits contact between a parent and their child.

Refusal of Visitation due to Unpaid Child Support

The custodial parent cannot deny the noncustodial parent visitation regardless if the noncustodial parent owes child support to the custodial parent and fails to pay on time or falls behind in payments. The custodial parent must follow the proper procedures to resolve the issue if the other parent is not paying child support as necessary. Otherwise, they risk being charged with contempt of court if they decide to take matters into their own hands.

Refusal to Pay Child Support

If noncustodial parents are ordered to pay child support, they must follow the rules of the order exactly; otherwise, the custodial parent may initiate contempt actions against them.

Refusal to Pay Spousal Support as Directed by the Court

A divorced spouse ordered to pay alimony to their ex-spouse may also be subject to contempt proceedings, similar to when they refuse to pay child support.

Repeatedly Missing Deadlines for Paying Alimony or Child Support

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The California family court system is often willing to deal with parents who are required to pay child support but find it challenging to do so. Nevertheless, you may take contempt actions if a paying parent repeatedly fails to make required payments in whole and on schedule.

It is crucial to comprehend the potential consequences of contempt of court and how to file contempt proceedings with your local California family court if you have encountered any of these problems or think you might be the target of contempt actions.

What Are the Consequences of a Contempt Conviction in California?

Following a divorce, disobeying a court order can have serious repercussions, including civil and criminal contempt penalties. In California, a contempt conviction carries a penalty of up to $1,000 in fines and five days in jail. A person guilty of contempt must also serve up to twenty hours of community service or spend 120 hours in prison for each count. The penalties are stiffer if the offense occurs a second time.

What Alternatives Exist If One Parent Disobeys a Family Court Order?

After a divorce, if one parent willfully disobeys a family court ruling, such as refusing to pay child support, that parent may be charged with a crime. The parent who has been wronged will be able to complete and submit an Order to Show Cause and Affidavit for Contempt. Criminal consequences may result from a successful case against the offender, which would encourage that person to follow the rule.

Before bringing legal action for family law contempt against a parent who disobeys a court order, the victimized parent should make an effort to contact the offending parent by text or email. There could be a miscommunication. However, the victimized parent may start a contempt case if the offending parent continues to defy the court’s orders.

A contempt trial may be a challenging and drawn-out procedure. Before putting the case before a judge, it is frequently advised to persuade the non-paying parent to abide by the provisions of the court order. With the aid of a family law attorney, who can speak with the non-paying parent on a client’s behalf and negotiate a resolution, this might be doable. If the parent continues to refuse to pay, the lawyer can assist with a family law contempt action.

Contempt Law Attorney

Frequently Asked Questions

  • How Do I Hold Someone in California in Contempt of Court?

    You can submit paperwork to the court asking the judge to declare the individual under restraint in contempt of court for disobeying the directives. Each time the detained person violated the restraining order, they risked a five-day jail sentence.
  • How Can I Prove Contempt in California Family Court?

    You must show the following evidence to declare someone in contempt:
    1. The court order must be legitimate. It is challenging to enforce ambiguous court orders that lack clarity and specificity during a contempt case.
    2. The accused must know the court’s order.
    3. The accused must have deliberately disregarded the court’s directive.
  • What Happens in California When One Parent Disobeys a Court Order?

    The other parent may bring a contempt court case if one disobeys parenting orders. In addition, the parent who violates the court’s instructions will be warned by the court that failure to do so could result in civil or criminal fines, which could potentially include jail time in the worst situations.

Professional Contempt Law Attorney -Contempt Proceedings Attorney

Contempt Law Attorney

You have the right to legal representation if you believe you have cause to launch contempt proceedings against a former spouse or co-parent or if you are informed that your co-parent or ex-spouse has done so. The Law Office of Stephen Gassner Contempt Law Attorney can provide comprehensive legal advice to anyone involved in a contempt action in California family court. These are frequently sensitive circumstances that need prompt and efficient legal responses.

You have the right to hold the other party accountable for any willful violations of a valid family court order. You can defend yourself and present your case in court if you have been informed that the other party has unfairly filed contempt charges against you. If you’re facing a contempt action, we may be able to help you resolve the situation. If you’re prepared to review your legal choices with a skilled and sympathetic California family law lawyer, get in touch with the Law Office of Stephen Gassner today to schedule with Contempt Law Attorney a consultation.

 Looking for a Family Law Attorney in California, USA? Look no further the Law Office of Stephen Gassner can help  you with different family law issues, including divorce, property division, paternity, child custody and support, spousal support, visitation rights, and property division including the complex division of business property. We serve in the following areas of California, USA.

Family Law in Chino Hills, CA
Family Law in Eastvale, CA
Family Law in Fontana, CA
Family Law in Ontario, CA
Family Law in Rancho Cucamonga, CA
Family Law in Upland, CA

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Law Office of Stephen Gassner
324 N Mountain Ave, Upland, CA 91786, United States
(909) 937-7000