Charlotte Contempt Attorney
Failure to comply with an order, from a North Carolina court, is known as civil contempt. A person found in contempt can face serious consequences to force compliance, even jail time. Civil contempt applies to family court orders including divorce, child custody, alimony, equitable distribution. If you find yourself in the midst of contempt proceedings following a North Carolina divorce, let the Charlotte contempt attorneys at Randall & Stump, PLLC be your voice in court, standing up for your rights and looking after your best interests.
Contact us online or by telephone at 980-237-4579 to arrange an initial consultation with a skilled Charlotte contempt attorney.
Facts about Contempt in North Carolina
Contempt can only come into play after a court has issued judgments, orders or decrees to govern the behavior of the parties. Once a court has issued such decrees, it is important to observe them to the best of your ability and, at the same time, to take note of any potential violations on the part of your former spouse or partner.
A contempt action is appropriate when a party “contemptuously” violates any provision of the decree. As a practical matter, however, the violation or violations should be significant. Courts have been known to take it personally when a parent disregards their orders. If attorney and client can produce evidence that their opponents have willfully disregarded a court decree, then they can “make a motion” or “move” for a contempt ruling.
To find a party guilty of contempt, the court cannot simply conclude that the accused party did not act in accordance with the decree. The court must also conclude that the accused party had the ability to comply and therefore violated the decree both deliberately and without good reason. It is then up to the accused to present evidence that he or she did not have the ability to comply or that it was an “honest mistake.”
Of course, the evidence for a contempt ruling often does exist, and if you and your attorney can produce it, you will substantially improve your case. In fact, your attorney will often file a motion of contempt in tandem with a motion to modify.
Contact Our Charlotte Contempt Attorney Today
Consult with a Charlotte contempt attorney at Randall & Stump, PLLC if you are looking to hold another party in contempt for violating a court order or if you are facing allegations of contempt yourself. Contact the Charlotte contempt attorney at Randall & Stump, PLLC immediately! Call us today at 980-237-4579.