Imagine checking your bank account, expecting to find this month’s child support payment, only to discover it hasn’t arrived. Again. Or picture arriving at your ex-spouse’s house to pick up your children for your court-ordered weekend together, but no one answers the door. These situations aren’t just frustrating. They represent serious violations of court orders, and they can lead to contempt charges.
Family court orders establish crucial guidelines for child custody, child support, alimony, and other family matters. When someone fails to follow these orders, they may face contempt charges. Contempt of court is a serious legal matter that can lead to substantial penalties or time in jail. Whether you’re seeking to enforce a court order or defend against contempt allegations, an experienced family law attorney can help protect your rights and understand your options.
Understanding Contempt in Family Court
Texas family courts recognize two distinct types of contempt: civil and criminal. Civil contempt aims to compel future compliance with a court order, while criminal contempt punishes past violations and upholds the court’s authority.
Some common examples of contempt in Texas family courts include:
- Denying court-ordered visitation rights: A parent repeatedly prevents the other parent from seeing their children during scheduled visits.
- Failing to pay child support: A parent consistently misses support payments despite having the ability to pay.
- Violating custody arrangements: A parent takes children out of state without permission or fails to return them at agreed-upon times.
- Refusing to follow property division orders: A former spouse fails to transfer assets or pay the amount specified in the divorce decree.
For the court to find someone in contempt, they must prove that the person “willfully disobeyed” the order. This means the individual:
- Knew about the specific requirements in the court order
- Had the ability to comply with those requirements
- Chose not to follow them without a valid reason
The court generally won’t pursue contempt charges if someone can demonstrate they were unaware of certain terms or truly unable to comply due to circumstances beyond their control. However, even in cases of legitimate hardship, the person should inform the court of their situation and seek appropriate modifications rather than simply disregarding the order.
Types of Punishment
When someone faces contempt charges in an Austin family court, the potential penalties will depend on the nature and severity of the violation. These consequences serve both to correct the instance of non-compliance and to deter future violations.
The key penalties a judge may impose include the following measures:
Monetary Fines
The court can order the payment of fines, which may increase with repeated violations.
Changes to Custody or Visitation
For contempt related to child custody matters, the court might:
- Modify the existing custody arrangement
- Require supervised visitation
- Order make-up time for wrongfully denied visitation
- Mandate attendance at parenting classes
Financial Enforcement Methods
When contempt involves unpaid support, the court may:
- Order wage garnishment
- Place liens on property
- Seize tax refunds
- Require payment of the other party’s legal fees
License Suspensions
The court holds the authority to suspend various licenses until the person complies with the order. These may include:
- Driver’s license
- Professional licenses
- Hunting and fishing permits
- Passport
Jail Time
In serious cases, particularly those involving criminal contempt, the court may order:
- A fixed jail sentence as punishment
- Incarceration until the person complies with the order
- Weekend jail time to allow for continued employment
Additional Requirements
The judge might also order:
- Mandatory counseling
- Completion of anger management classes
- Regular court appearances to monitor compliance
- Payment of court costs
The specific punishment for contempt of court in family court often depends on the severity of the violation, any history of non-compliance, and whether the violation appears willful. If the violation resulted from a genuine misunderstanding, the court is less likely to impose strict sanctions.
Avoiding Contempt Charges
Taking proactive steps can help you avoid contempt charges in family court. Consider these essential strategies:
- Read your court order thoroughly: Make sure you understand every requirement and deadline.
- Keep detailed records: Document all payments and communications.
- Maintain a calendar: Track important dates and deadlines for visitation, payments, and other obligations.
- Address problems early: If circumstances change and make compliance difficult, take action before missing obligations.
- Seek modifications when needed: If you can’t meet the current order’s requirements, petition the court for changes.
- Document your compliance: Keep receipts, communications, and other proof that you’re following the order.
- Communicate changes promptly: If you face job loss or other hardships, inform the court and other parties immediately.
When in doubt, consult with an experienced family law attorney.
How an Experienced Family Law Attorney Can Help
A knowledgeable family law attorney can provide crucial assistance with contempt matters in several ways, such as:
- Explaining your rights and obligations under the current court order
- Helping you gather and preserve evidence of compliance
- Filing necessary paperwork to modify orders when circumstances change
- Representing you in contempt hearings
- Negotiating with opposing parties to resolve disputes
- Protecting your interests if you face contempt charges
- Helping you enforce orders when the other party fails to comply
At Smith & Bledsoe Family Law, we understand the complexities of family court orders and the serious consequences of contempt charges. Our experienced team, led by Christian Smith and Brandon Bledsoe, has successfully handled numerous contempt cases in Austin and surrounding areas. We take pride in tackling challenging cases that other firms turn down, and we commit to maintaining excellent communication with our clients throughout the process.
Our detail-oriented approach and deep knowledge of local courts and judges allow us to effectively protect our clients’ interests, whether they’re facing contempt charges or seeking to enforce a court order. We focus on achieving the best possible outcomes while minimizing conflict and stress for our clients and their families.
Call Smith & Bledsoe Family Law today or contact us via our online form for a confidential consultation with one of our attorneys. Let our experienced team help protect your rights and guide you through this challenging time.