The Order has been entered by the Court. The Order requires you to pay more than you expected in Alimony or has modified your custody arrangement to give your ex additional parenting time. Receiving an unfavorable judgment is never easy, and your first instinct may be to ignore the order. While that may feel good in the moment, disregarding a court order can result in a serious consequence: Contempt.
Common court orders in family law matters include orders related to child custody, child support, property distribution and spousal support. If you fail to follow a court order, there are two types of contempt – civil and criminal –either of which may be filed against you. Criminal contempt is used to punish behavior that has already occurred, whereas civil contempt is used to try and force an individual to comply with an ongoing court-ordered obligation.
Criminal Contempt
North Carolina General Statute §5A-11(a) lists the grounds for criminal contempt, which include “willful disobedience of the court’s process or orders.” If someone can prove beyond a reasonable doubt that you did not comply with a court order, you may be subject to a finding of criminal contempt. However, it is critical that your noncompliance also be deemed “willful.” If you are able to show that you did not have the ability to comply with the order due to no fault of your own, then a judge may not find your behavior willful. If you are found in criminal contempt, you may face condemnation, a fine of $500.00, or up to 30 days in prison, or any combination of the three. This minimum prison time can be increased; however, depending on the circumstances.
Civil Contempt
North Carolina General Statute §5A-21 details when an aggrieved party may file a motion for civil contempt if their counterpart has refused to comply with a court order. The party alleging contempt has the burden of proving that the violation has occurred and is on-going; however, the burden of proof in civil contempt cases is much lower. As compared to criminal contempt, the burden of proof is based upon preponderance of the evidence – meaning, the moving party is only required to show that the violation is more likely than not to exist. Similar to criminal contempt cases, the non-complying party’s behavior must be “willful” in order to be found in contempt. Those found in civil contempt may face a sanction of up to 90 days imprisonment, or longer, as well as payment of the moving party’s attorney fees. With that said, North Carolina courts ruled that a monetary fine may be imposed as a penalty with a purge condition as well.
If you receive a family law order that you are unhappy with, do not ignore it! You could be risking a financial loss as well as your liberty.
If you or someone you know may be involved in a Contempt legal proceeding, our team at Modern Legal is here to help.
Please note: these educational materials are based on North Carolina law where Theresa’s legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Written by: Sabrina M. Frenette and Theresa E. Viera
