Contempt
You may have heard the term “contempt” thrown around in a courtroom drama on TV. When dealing with a real court, contempt is a serious matter that can result in serious consequences. Contempt comes in many different forms and levels of severity. No matter what type of contempt charge you are facing, you need to have attorneys defending you. Dixon & Moseley P.C. defends clients against contempt of court charges in Indianapolis, Indiana. Learn more about how we can help you.
Defining Contempt of Court
Contempt essentially equates to a party’s refusal to obey a court order. It signifies a breakdown in the judicial process, which requires all involved to honor the court’s decisions.
Direct Versus Indirect Contempt
Direct contempt occurs in the presence of the court and often results in immediate punishment. Indirect contempt happens out of the court’s sight and generally follows a more protracted legal process.
Distinguishing Between Criminal and Civil Contempt
Criminal contempt imposes punishment, while civil contempt allows for the respondent to ‘purge’ their contempt by fulfilling the court’s order. Knowing the distinction is crucial, as it changes the nature of the charges and the potential consequences dramatically.
What Is Contempt of Court in Indiana Divorces?
“Defiance of the court” may sound dramatic, but as Indiana law dictates, contempt of court can be as subtle as failing to comply with child support orders or as overt as disrupting courtroom procedures. In divorce proceedings, contempt is a way for the court to ensure that its orders and judgments are followed.
The Meaning of Contempt in Indiana Divorce Cases
Each of these actions — be they actions of omission or commission — represents a failure to adhere to the court’s directives and, thus, a potential contempt charge. In the context of divorce, contempt charges can surface in various scenarios:
Examples of Contempt
In Indiana, a person might face contempt charges for actions that disrespect the court or obstruct justice. This legal tool ensures individuals adhere to court orders and maintain courtroom decorum. Some examples of contempt include:
The Consequences of Contempt of Court
The repercussions of a contempt finding can be serious, potentially leading to fines, the payment of legal fees, or even imprisonment. However, a well-informed and strategic defense can often mitigate these consequences significantly. Below are some of the most common consequences of a contempt charge.
Monetary Penalties
Indiana courts have wide latitude to impose fines to motivate compliance with their orders — a cost that can be financially painful for those found in contempt.
The Possibility of Incarceration
The ultimate aim of punishment for contempt isn’t punitive. It’s to ensure compliance. However, the possibility of incarceration remains a chilling prospect for respondents.
Being Ordered to Pay Attorney’s Fees
In some cases, the burden of legal costs can be shifted to the party found in contempt, adding a financial sting for refusal to follow the court’s orders.
Contact Us to Request a Contempt Consultation
For those possibly facing contempt charges or seeking to mount a defense, swift legal action and a strategic approach can be crucial to a favorable outcome. Our attorneys know how to push back against the court in a way that is respectful and unlikely to result in contempt. When you meet with our attorneys, they will carefully explain the situation to you and help you create the optimum strategy for avoiding the potential contempt charges. Contact us today to request a contempt consultation.
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Based in Indianapolis and founded in 1995, Dixon & Moseley, P.C. is a niche law firm focused on successfully dealing with the complexities of divorce, high-conflict child custody and family law. Known for their ability to solve extremely complex situations with high quality work and responsiveness, Dixon & Moseley, P.C. will guide you every step of the way. The family law attorneys at Dixon & Moseley, P.C. will help you precisely identify your objectives and the means to reach your desired result. Life is uncertain. Be certain of your counsel. Indianapolis Divorce Attorneys, Dixon & Moseley, P.C.
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