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(561) 338-5297 Boca Raton Divorce Lawyer & Family Law Attorney

Contempt of Court

Comprehensive proven results...since 1984

Boca Raton Family Law Attorney

Obtaining a Court Order defining parental rights may be a time consuming, costly and an emotionally draining process in itself.   Enforcing that Order often creates a whole new set of challenges. What can be done when the Court enters an Order on time sharing or support and one spouse refuses to comply? One option may be to seek the contempt powers of the Court.

There is a distinction between civil and criminal contempt proceedings, and determining whether the contempt is civil or criminal is critical to the Court and to the parties. Criminal contempt proceedings are utilized to vindicate the authority of the Court or to punish a party for an intentional violation of a Court order. Since a jail sentence may be imposed, the non-compliant party is entitled to the constitutional due process protections afforded to criminal defendants. That means that the non-compliant parent be afforded the right to be represented by counsel, the right to have the State prove the offense beyond a reasonable doubt, and the right not to incriminate oneself. In contrast, civil contempt proceeding are intended to compel compliance with Court orders. In this case, the non-compliant party must be provided notice and an opportunity to be heard. Sanctions imposed may include jail and there will be an opportunity to purge the contempt by compliance with the order. If the non-compliant party Apurges@ the contempt he/she will avoid the penalty. By way of example, if a parent refuses to pay child support, upon finding of a willful refusal to pay coupled with an ability to pay, the Court can enter an order of contempt and impose a jail sentance. The contemnor will be provided an opportunity to purge the contempt by making the requisite payment within a set number of days and avoid the incarceration. Alternatively, if the contemnor is incarcerated, upon making the requisite payment he/she will be released. In essence, the contemnor to carries the keys to his/her jail cell such that upon compliance with the Court order he/she would be released from jail.

If you find yourself faced with a recalcitrant ex-spouse who refuses to comply with an Order of the Court you may need to file a motion for contempt. In this case, it is best to seek out the help of an experienced Boca Raton family law lawyer. With the help of an experienced lawyer, you can ensure proper steps are followed and you can obtain the best possible result.

Helping You Find A Solution

When a former spouse refused to comply with a Court ordered support obligation you do have recourse. The Court may enter an order of contempt as well as the following:

  • Monetary judgments B The court may award a money for back alimony or child support.
  • Wage garnishments B The court may garnish wages from the recalcitrant spouse.
  • Driver=s license suspension B The court can suspend the driver=s license of the individual who is in contempt.

If you find yourself faced with a Motion for Contempt of court, you may need representation. Our Boca Raton divorce attorney represents clients facing contempt and will work to find a solution. You may have a valid defense to a contempt charge. A resolution may be acheived by simply reaching a modification agreement.

Reliable & Trustworthy Guidance

Ronald M. Zakarin will assist you through the legal processes, provide you advice and guidance and endeavor to ensure you receive the best outcome.

Contact A Boca Raton Family Law Attorney

If your former spouse or the parent of your child is not complying with a court order, they may be in contempt of court. When you retain the Law Offices of Ronald M. Zakarin, P.A., you will receive the guidance and advice that you need to successfully enforce a Court order. To learn more, call today at 561-338-5297 to schedule your free consultation.

 

What Our Clients Are Saying:

  • Ronald made this, otherwise, stressful experience as seamless as possible. For someone with dyslexia, I worried about understanding all of the technicalities involved in my case. He walked me through every step and every detail with ease. Ron was always there for me, just a phone call away. Overall, he was an understanding and caring person who went above and beyond to help me through this trying time.

  • Mr. Zakarin did an exceptional job in my case. He was professional, knowledgeable and answered every question I had with professionalism and honesty. He kept me informed throughout the case and fought for me until the case was resolved.

  • Ron Zakarin was recommended by a friend after a bad automobile accident. Upon meeting him he seemed like a regular guy ,then when he started talking I saw the passion and toughness. The understanding, professionalism and access of Mr. Zakarin's office , made a bad experience more tolerable. The silver-lining in my experience was the result. Six times the settlement I expected and the top maximum available settlement possible! I would recommend Zakarin to all of my friends...and none of my enemies!

  • Ron Zakarin has been my personal attorney since 2004 and as such has guided me effortlessly and professionally as well as thoroughly through all of my legal venues including prenuptial, marriage, dissolution of marriage, will and estate planning, vetting of criminal defense attorneys for a family member in another state an any and such other questions I pose. Ron has always been responsive, thorough and willing to listen and delve into areas that my not be his professional forte but will work with others who are experts in any area needed. His billings are itemized and precise and fair. I have referred others to Ron and his firm and will continue to do so. Ron always returns my calls and if for some reason he is not available he ensures that someone from his office returns my calls and obtains the information I require or provide assistance.

  • Ron assisted me in a complex legal matter in a critical situation regarding child support for my special needs child who was turning 19. Had it not been for Ron's efforts, my ability to provide a home , medical needs, clothing and food for my son would have been in jeopardy. Ron also assisted me in a number of legal matters and has always been there for me. Ron is compassionate, caring and knowledgeable in all areas of family issues.

  • Ron has been very helpful and makes the client feel important. Their problems are important to him. He is attentive and cares about his clients. I woild strongly recommend Ron if I neeed an attorney.

  • My teenage son was nearly fatally injured in an automobile accident, medivacted to a trauma center and in a coma for three weeks. His care was excellent but the medical bills were astronomical. Ron Zakarin and his firm took control of the case the day after the accident, ensuring he got the best care possible. Throughout his recovery Ron and his team worked hard to negotiate with the insurance companies and medical creditors to keep everything under control. In the end my son recovered fully, all the medical bills were negotiated and paid, the law firm was paid (industry standard rates) and my son still had a sizable sum to bank for any future medical needs. The actual medical bills alone were more than the available insurance! Even after everything was settled Ron personally keeps contact to make sure my son is still doing well. More than a lawyer or law firm, they truly were partners for our legal needs and made the best of a terrible situation.