Contempt and Divorce: What Does it Take?

What is Required to Prove Your Ex is in Contempt in Your Divorce?

In a divorce proceeding, a person is usually only found in contempt of court due to their failure to follow a court order.  The court still has the power to hold a person in contempt for the behavior you commonly see portrayed on T.V., but generally it is for noncompliance with the court’s order.  Usually the non-compliance is related to a visitation order, or property division order.

Most are familiar with the standard of proof in a criminal case (beyond a reasonable doubt), but many are not familiar with the standard of proof for contempt in a divorce proceeding.  In a civil contempt proceeding the standard of proof is by “clear and convincing evidence,” which is determined by the trier of fact (the judge).  This standard is much lower than that of the criminal standard, but still requires evidence to be shown of contempt.

The process begins by your attorney filing a motion with the court, requesting a hearing on, or for an order of contempt.  If found to be in contempt of court, a person may be subject to fines or days in jail.  However, the most damage which can be caused by a contempt order is to fall out of favor with the court.  Most judges will take offense to non-compliance, and will not forget your disregard for their orders when deciding on a future issues in your case.

If you believe your ex is in contempt of a court order issued in your case, contact the Ohio Divorce Attorney, Jamie L. Anderson, at (937)879-9542, to schedule a free consultation!