To prove contempt in family court, you must demonstrate that the opposing party knew about an existing order and was able to comply with it, but chose not to do so. In other words, you must show that the court order violation was intentional and without a valid reason.
Family courts in Washington take contempt seriously, and it can be used to compel compliance with a family court order. If you are currently in a family dispute involving contempt charges, you can talk to a Seattle family lawyer about your options.
What is Contempt in Family Court?
Family courts produce court orders regarding various aspects of parenting and family life, such as child custody, visitation rights, and spousal maintenance (alimony). These orders are legally binding, and the parties are legally required to comply with them.
If one parent refuses to follow the terms of a family court order, the other can file a Motion to Contempt to coerce enforcement. This is normally after the party has already refused to follow a Motion to Enforce.
Common behaviors that may justify contempt proceedings include the following:
- One parent refuses to return the child after a scheduled visitation.
- The non-custodial parent stops paying support despite a valid order.
- One spouse hides assets and refuses to transfer them
- Violations of a protective or restraining order
- Denying parenting time without a valid reason
Civil vs. Criminal Contempt
Washington family courts can hold offenders in civil or criminal contempt. Both are the result of violating a valid family court order. But the purpose and mechanisms of each differ in the following ways:
- Civil contempt is primarily meant to remedy the refusal and get the person to comply with the order. When the person complies, civil contempt goes away.
- Criminal contempt is punitive in nature and meant to punish the offender for non-compliance. Criminal contempt can result in punishment even if the offender complies.
Proving Contempt in Family Court in Washington State
There are three criteria that must be met to prove contempt in family court in Washington:
- There was a valid and unambiguous family court order requiring a specific behavior.
- The individual knew about the order and had the capacity to comply with it.
- The individual willfully and intentionally refused to comply with the order.
How might this work in a family law case? Say one parent files a Motion to Contempt due to the other failing to pay court-ordered child support. The court could investigate for evidence of the offender’s knowledge and intentional non-compliance, such as:
- Communications showing awareness of the order and refusal
- Eyewitness testimony regarding the offender’s behavior
- The offender’s past refusals to comply with an order
- Documentation of missed child support payments
There Are Different Standards of Evidence for Civil and Criminal Contempt
Charges for civil and criminal contempt operate on different standards of evidence. Criminal contempt cases use a standard of beyond a reasonable doubt, the same standard as in other criminal trials.
For civil contempt, the contempt must be proven along a standard of clear and convincing evidence. This is a higher standard than a preponderance of evidence that is commonly used in civil trials and hearings, but lower than the reasonable doubt standard in criminal trials.
Penalties for Being in Contempt in Family Court
Washington law generally gives courts the power to levy penalties for violating court orders. Penalties for being held in contempt of court can vary significantly, depending on the nature and severity of the violation. Possible violations may include the following:
- Monetary fines. Fines for contempt of court in Washington can reach up to $5,000 per violation. Courts can also impose daily fines to coerce compliance.
- Wage garnishment. If an individual refuses to pay child support or spousal maintenance, the courts can garnish their wages from their employer.
- Court order modifications. The court may also modify the terms of specific orders, such as visitation or custody orders.
- Attorney’s fees. The party that is judged in contempt may be ordered to pay the other party’s attorney fees and related legal costs.
- Imprisonment. In severe cases, contempt charges can result in imprisonment of up to a year (364 days).
One significant difference between civil and criminal contempt is the permanency of the punishment. Since civil contempt is meant to coerce compliance, the offender is typically released from contempt once they comply.
For instance, if someone were imprisoned for civil contempt, they could secure their freedom by complying. Criminal contempt, on the other hand, cannot be discharged or “purged” by compliance. Even if someone complied with the order, the court could still impose punishments for criminal contempt.
Washington Family Lawyer: Dellino Family Law
Whether you are responding to a Motion to Contempt or you have more questions about proving contempt in family court in Washington, you need legal counsel to represent your interests.
Contact Dellino Family Law online or call today to speak to our Seattle family lawyers.