According to the law office of Robinson and Henry PC, intentional disobedience of a court order is referred to as contempt of court and the violating party is typically faced with remedial or punitive sanctions. Remedial sanctions require the violating party to immediately cooperate with the court order. Punitive sanctions are designed to punish the violating party and can range from fines to jail time.Continue Reading
The Shouse California Law Group explains that penalties for violating a restraining order issued by the court include court fines and penalties, victim restitution and counseling services. The violating party can also be ordered to relinquish any currently owned firearms, as well as be prohibited from purchasing any new firearms for the remaining length of the protective order.
According to attorney Laura Robbins of Laura Robbins Law in Pennsylvania, there are various reasons why individuals fail to follow court orders ranging from unintentional circumstances to direct refusal. In family court situations, contempt of court penalties range from financial compensation to incarceration. Examples of family court contempt include non-payment of child or spousal support and violation of specific custody orders. Attorney Robbins also explains that it is not always necessary to file a contempt of court action the moment one party believes the other is in violation, as many family law issues can be resolved between the two parties or their attorneys outside of court.Learn more about Law
A rule nisi in a civil case is a form of contempt of court in which a party is required to show cause as to why he does not have to comply with past rulings ordered by a judge, states Riley Law Firm. Rule nisi is often used in civil cases, such as divorce, to compel one party to adhere to rulings regarding child custody, property and alimony.Full Answer >
Some behaviors that may result in a person being held in contempt of court include openly being uncivil to a judge and refusing to pay a court-ordered fine, as defined by the U.S. Department of Justice. When in contempt of court, a person may be penalized at the court's discretion.Full Answer >
A person cannot avoid a subpoena simply by not being present and if the person is served with a subpoena and does not appear in court then the individual can be punished for contempt of the court, reports Cornell University Law School and the Zurin Institute. However, most of the time the subpoena cannot be issued unless there is an existing civil, administrative or criminal proceeding.Full Answer >
Exactly what happens if a person breaks a court order varies depending on the person's state of residence and the court order broken. In most cases, a person who breaks a court order is held in contempt of court.Full Answer >