Understanding Contempt in Family Law
Family legal matters often come with high emotions and responsibilities. When a court issues an order regarding matters like child support, custody, spousal support, or property division, compliance isn’t optional—it’s a legal obligation.
In Virginia, contempt is taken seriously—courts expect full compliance unless valid reasons are presented. Not following a court order can have serious consequences, including being held in contempt of court.
If you’re facing a family law case in Virginia, Slovensky Law Firm is here to guide you through the process and ensure your rights are protected every step of the way.
What Does “Contempt of Court” Mean?
Virginia Code § 16.1-278.16 explains how courts enforce family law orders through contempt, which occurs when someone intentionally disobeys or disrupts court orders, like failing to pay child support or ignoring custody arrangements. Court orders are legally binding, and violating them is considered disrespecting the court’s authority.
In Virginia, there are two main types of contempt of court:
- Civil Contempt – This is used to make someone comply with a court order. For instance, if a person refuses to pay child support, they can be held in civil contempt until they meet their obligation.
- Criminal Contempt – This is meant to punish someone for breaking court orders, like failing to follow visitation rules. It focuses on penalizing past violations.
Each type of contempt has its own purpose but can come with important legal and personal consequences.
Punishments for Contempt of Court in Virginia Family Law Cases
The punishment for being found in contempt of court depends on the nature and severity of the violation. Below, we explore the consequences across different family law categories.
1. Alimony (Spousal Support)
Failing to pay court-ordered spousal support can result in contempt charges. The court may impose penalties, including:
- Wage garnishment to recover unpaid amounts.
- Fines for non-compliance.
- Jail time until the payment is made (for civil contempt).
Courts take missed payments seriously—especially when it affects someone’s ability to meet basic needs.
2. Child Support
Child support violations are one of the most common reasons people are held in contempt. If a parent fails to make the required payments, the court may:
- Issue fines or suspend driver’s licenses.
- Intercept tax refunds or seize assets.
- Order jail time for repeated offenses.
The court’s focus is always the child’s well-being, not just payment enforcement.
- Child Custody and Visitation
Child Custody and visitation disputes frequently lead to contempt charges. Examples include:
- Refusing to comply with a parenting plan.
- Denying the other parent’s visitation rights.
- Failing to return a child after visitation.
Punishments for custodial violations may include:
- Makeup visitation time granted to the aggrieved parent.
- Fines or reimbursement of the other parent’s attorney fees.
- Modifications to the custody arrangement.
Repeat violations can affect long-term custody rights—courts may view them as bad faith.
4. Property Division
Ignoring property division in divorce orders can also lead to contempt charges. For example:
- Refusing to hand over court-awarded assets like vehicles or properties.
- Not dividing financial accounts as specified.
Courts can impose fines or order hearings to force compliance.
What Should You Do If You’re Accused of Contempt?
Being accused of contempt of court can be intimidating, but it’s important to address the issue promptly. Here’s how you can respond:
- Understand the Accusation: Review the court order and determine how you are alleged to have violated it.
- Gather Evidence: Collect any documents, communication, or proof that demonstrates your compliance or explains your inability to comply (such as financial hardship).
- Seek Legal Representation: Family law cases can be complicated, especially when court orders are involved. Having a Roanoke family law attorney by your side can make the process easier and help you get the best outcome.
Don’t ignore the accusation—missing a court date can lead to harsher penalties.
Can You Avoid Being Held in Contempt?
Preventing potential contempt violations comes down to two principles:
- Understand Court Orders Clearly: Make sure you fully understand the details of the court order, and ask for clarification if needed.
- Act Promptly: If you’re unable to meet the terms of a court order due to unforeseen circumstances, file a motion to modify the order rather than ignoring it. Courts are often more willing to adjust orders in cases of legitimate hardship.
Keeping records like texts, emails, and payment receipts can make a big difference in court.
Facing Contempt of Court? Contact Slovensky Law Firm Today
If you’re dealing with a potential or ongoing contempt of court issue in Virginia, it’s important to act quickly and strategically. Whether you’re facing allegations or need to hold another party accountable, Slovensky Law Firm can help you understand your legal rights and obligations.
We’ve helped clients resolve contempt issues by proving good-faith efforts or negotiating modifications.
Reach out today to schedule a consultation and get clarity on your next step.
