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If a person is held in contempt of court, they can be held in jail until they purge themselves of the contempt. As I have done zillions of divorces, I have seen several people held in contempt of court. The most frequent way a person is found in contempt is by disobeying a divorce agreement. I know that I said agreement and not order. An agreement is an agreement until a judge acknowledges it. Then it becomes law.
A popular contempt is refusing agreed upon visitation. Parents agree on a temporary child schedule of visitation with the children. They agree during settlement conference to share the children with each parent having them a week. The attorneys put this agreement in writing or just tell the judge that this is the agreement. Soon after the agreement the mother discovers that the father has a girlfriend that is drinking, drugging, and/or whipping the children. At that moment, she decides the children are in danger and unilaterally stops the visitation. She may be found in contempt. The mother needs the judge to change the order or give permission.
Rebecca Green Thomason – Attorney at Law
Let’s begin with a fundamental truth. The judge is always right. I just don’t know any other way to say it. The judge is the judge and the judge is the boss. A judge has power. She has the power to find a person in contempt. Contempt means that a person has been disobedient or disrespectful to the judge. A judge may find a person in contempt of court because of a failure to obey a lawful order of a court. She may find a person in contempt for showing disrespect of the judge. Any judge takes a dim view of anyone who disrupts the court proceedings by behaving poorly. Contempt of court is one way this is controlled.
If a person is held in contempt of court, they can be held in jail until they purge themselves of the contempt. As I have done zillions of divorces, I have seen several people held in contempt of court. The most frequent way a person is found in contempt is by disobeying a divorce agreement. I know that I said agreement and not order. An agreement is an agreement until a judge acknowledges it. Then it becomes law.A person goes into an attorneys office and agrees to pay child support. The attorney will tell him what amount of child support is required by law. However, the person says to the attorney “that is not enough I love my children just not my spouse. I want to pay more.” So by agreement the papers are drawn up. The agreement becomes part of the divorce or part of a temporary order. Latter, the parent realizes he can not make these high child support payments. So he pays what he can. It seems reasonable: He agreed to pay; now he can disagree. Wrong! He may very well find himself in jail until he purges himself of the contempt. This means until he pays the child support he missed or makes a very large lump sum payment and agrees to pay the rest.
A popular contempt is refusing agreed upon visitation. Parents agree on a temporary child schedule of visitation with the children. They agree during settlement conference to share the children with each parent having them a week. The attorneys put this agreement in writing or just tell the judge that this is the agreement. Soon after the agreement the mother discovers that the father has a girlfriend that is drinking, drugging, and/or whipping the children. At that moment, she decides the children are in danger and unilaterally stops the visitation. She may be found in contempt. The mother needs the judge to change the order or give permission.Of course child support and visitation are not the only reasons a person can be found in contempt. Cursing a judge will get it done pretty fast. Showing up to court drunk or high is another common way to be in contempt.
Some people call the attorney the day after an agreement is presented to the judge. They want to change that agreement. Well, the ship has sailed. The horse is out of the barn and the barn has already gone condo. The agreement has become a judge’s order.
Rebecca Green Thomason
Attorney At Law
