Portland Contempt Attorneys

Family law court orders are legally binding and must be obeyed. Contempt of court occurs when an individual intentionally decides to disobey a court order. Being held in contempt will result in consequences, such as paying a fine, serving jail time, and other actions, such as allowing make-up parenting time. An individual will receive a warning or notice if he/she has been charged with contempt.

In family law, an individual can be held in contempt for violating a child support, spousal support, child custody, visitation, and/or domestic violence protective order (DVPO). Some additional examples of contempt may include but are not limited to the following: 

• Refusing to pay child support
• Violating a restraining order
• Disallowing your co-parent visitation rights as instructed in a parenting plan
• Refusing to return a child to your co-parent after a visitation period ends

You can be held in contempt of court for an action or inaction.

To learn more about contempt in Oregon, contact our Portland contempt lawyers online or call us at (503) 433-8340 today.

Types of Contempt

There are two types of contempt: civil and criminal. Civil contempt aims to coerce the defendant into obeying the initial court order that was established. Criminal contempt seeks to preserve the court’s authority and punish the individual for intentionally disobeying the court order.

How to Prove Contempt

You must show the court the following to prove that an individual is in contempt:

• A valid, written court order was in effect beforehand and signed by a judge
• Proof that the individual understood and knew to obey the court order
• Evidence that the individual violated the court order
• Proof that the individual failed to comply with the order

What Are the Consequences of Violating a Court Order?

If you violate a court order, you may be held in contempt of court and charged with a crime. Essentially, you will be held liable for your disobedience. The consequences you may face vary according to the type of court order you violated. If you violated a domestic violence protective order (DVPO), you could be faced with a fine and up to 6 months of jail.

If you know you may have to violate a court order as you cannot meet its terms, you should be proactive and seek permission from the court to modify the order. For example, if you cannot afford child support payments due to a serious financial change in your life, you can file an appeal to petition the court for a modification.