Motions for Contempt in Connecticut are the primary enforcement tool to get someone to do what they are supposed to do. They are easily one of the most common filings in a divorce or custody/visitation case.
Frequent contempt issues include:
- Not paying child support or alimony
- Lack of compliance with the parenting plan concerning custody or visitation
- Failing to cooperate with the distribution of property
- Neglecting the payment of court ordered debts
- Violating the Automatic Orders
These are just a few examples. There are many others.
A judge must find the following by clear and convincing evidence:
- Whether a clear order exists;
- Whether that order was violated by the party accused of doing so; and
- If the order was violated, whether the violation was willful
If a party is found in contempt, the judge can order the payment of legal fees, fines and make other orders to fix the issue and prevent it from happening again. In an extreme case, the judge can also incarcerate the offending party.
Contempt motions involve testimony and other evidence. This means you must get organized. Be prepared to show proof of violations through documents, emails, text messages etc. You should also be able to testify and possibly have other witnesses available.
If you are the party accused of contempt, you may have defenses or excuses that show that your conduct was not willful. This is most often the best strategy.
Some contempt hearings are straightforward while others can be complex.
If you wish to discuss a Motions for Contempt in Connecticut, please contact me.