CONTEMPT GENERALLY

Once a court establishes an order, the parties to that particular order are bound by the provisions therein.  But what happens when another party does not comply with the order?  Contempt.

When a party fails to comply with the terms of a court order, the vehicle by which to enforce the order is known as a contempt action.  Generally, a contempt action must be filed in the state and county where the order was issued.  Brochin v. Brochin, 294 Ga. App. 406, 408 (2008).

WILLFUL CONTEMPT V.S. CONTEMPT

Once an action has been filed, the opposing party has been properly served, and a proper final hearing has been set, the plaintiff must prove that the defendant is in willful contempt of the court’s order.  In other words, you must prove to the court that the opposing party intentionally violated or refused to abide by the court’s order.  Simply showing that a court order has not been followed is not enough.  See Greene v. Greene, 306 Ga. App. 296, 300 (2010).

Upon establishing successfully to the court that the opposing party has willfully violated the court’s order, the court may sanction the opposing party in a variety of ways, including, but not limited to, ordering the opposing party to pay for your attorney’s fees incurred in the action, see O.C.G.A. § 19-6-2 and Odum v. Russell, 342 Ga. App. 390, 394 (2017), as well as incarcerating the opposing party in the county jail for a period of time.  See Bernard v. Bernard, 347 Ga. App. 429, 432 (2018); Schmidt v. Schmidt, 270 Ga. 461, 463 (1999).

CONTACT US

If you find yourself needing to file a contempt action, or maybe you have been served with a contempt action against you, we are here to help. Give us a call at 770-415-9848 at The Sellers Law Firm, LLC: where clients become family.

You may also submit a case evaluation request online HERE.