Contempt Actions and Restraining Order Violations

Enforcing Court Orders Through Contempt Proceedings

If your former spouse or partner won’t comply with an existing court order, judgment or agreement, your remedy is to file a complaint for contempt. That’s the proper procedure for dealing with someone who isn’t paying child support or alimony (or not paying on time), who is refusing to comply with a parenting schedule or who is making important decisions concerning your children without first consulting with you.



Problems and disagreements are inevitable. The initial goal is to try to work things out without going to court. There’s no reason to overreact to minor issues. You shouldn’t rush to court because your ex was 10 minutes late picking up or returning the kids, unless it happens repeatedly.

Unfortunately, it isn’t always possible to resolve these kind of problems without going to court. People who are divorced or getting divorced can be angry, bitter and difficult to deal with. I’m sure that comes as no surprise. But when they act out their anger by refusing to comply with their legal obligations or by deliberately pushing the envelope and testing boundaries (for example, always paying support late), there’s a real problem that needs to dealt with sooner rather than later. If you’re on the wrong end of this type of behavior and let it continue without taking action, the chances are very good it will keep happening in the future.

One of the hardest things I have to do is to convince clients they have to comply with court orders even when their former spouse or partner isn’t. Here, the old saying is true – two wrongs don’t make a right. Refusing to pay child support because your ex won’t allow you to see your kids is the classic example. That type of street justice may seem fair, but it will only get you into trouble with a judge. The right approach is to file a contempt complaint. Judges hear cases like this every day. They appreciate people who do the right thing. And they can be hard on people who won’t comply with their orders.

While going to court should never be your first goal, there is some good news if you have to do so. The Probate Court doesn’t charge a fee for filing contempt complaint. Also, the contempt statute creates a presumption that the opposing party should be ordered to pay your legal fees if they are found in contempt for failing to pay child support or alimony. While they are not required to do so, judges can also order counsel fees in other contempt situations, including ones involving children. In my experience, it’s not unusual for judges to order a defendant to pay the plaintiff’s legal fees where he or she has intentionally violated an order or has done so repeatedly. Lastly, the court has the power to issue an arrest warrant for a defendant who fails to appear in court for a contempt hearing.

Defending a Contempt Complaint