What happens if someone violates a court order

Constructive contempt of court is defined as any contempt of court that does not occur within the courthouse. This will include an affidavit or verified petition with an explanation of why the person is in contempt of court. Examples of constructive contempt include withholding a child from court ordered visitation with their other parent or refusing to pay court ordered child support or alimony.

Once it has been established by the South Carolina family court that someone has violated a court order and is therefore in contempt of court, it must then be determined whether or not it is a civil contempt violation or a criminal contempt violation. Ultimately, this decision will be made by the family court judge, based on the details, cause, and intention of the ruling.

When the judge wishes to compel the person to comply with the family court order, then he or she will find the person to be in civil contempt. This is common in cases where someone is ordered to make payments for child support or alimony. The person who is in civil contempt of court can often be quickly convinced to comply with the order in an effort to avoid or end their jail time and prevent or end the associated fines. When the judge wishes to punish the person who is contempt of court and to uphold the authority of the court to enforce court orders, the person may face criminal contempt charges.

The primary difference is that the person cannot simply decide to comply with the order, at this point, to prevent or end the associated consequences, such as a jail sentence or fines. In these cases, the person can face more than six months in jail, so they have a right to fair trial by jury in which their contempt of court must be proven, with evidence, beyond reasonable doubt.

If you are dealing with a situation in which someone is violating a family court order that effects yourself or your children, and if the violation did not occur within a courtroom, then you have a constructive contempt of court situation. This means that you have to file a Rule to Show Cause, and serve the Rule to Show Cause to the person who is violating the court order.

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January 06, Categories: Family Law , Court Orders.