Divorce Court Orders, Contempt Process

All divorce court judges are granted statutory authority to conduct the court's business. Necessarily, a judge's authority includes broad discretion determining the application of law, issuing orders, and enforcing compliance with orders. The failure of any party to follow court orders may result in a finding of contempt of court. This finding is based upon the sole discretion of the sitting judge.

Divorce court remedies for violation of a court order

Contempt of court is punishable with a wide range of penalties available to judges. In the most cases, divorce judges tend to be tolerant, and seldom jump to a conclusion of contempt when mistakes are committed innocently. Most often, judges permit parties to clarify positions before reaching a finding of contempt unless actions are obviously motivated by spite, maliciousness or intentional disrespect. Judges build solid reputations for fairness and justice based on their courtroom demeanor and the reasonableness of their decisions. Options for punishment include:

• Demanding the appearance of a party to show cause
• Ordering a party cease conduct, actions, and behavior
• Dismissal based on noncompliance with applicable laws, rules, or orders of the court.
• Fines imposed under statutory authority
• Sanctions which include an order of payment to parties for reimbursement or penalties
• Mandatory community service
• Temporary court custody or long term incarceration

Appeal of divorce court orders

Few judge's orders are the final word, because an error of law, or an error applying legal standards when accepting or weighing factual evidence may justify an appeal. When consider allegations of divorce error, appellate courts are not required to accept all cases. Generally, appellate courts limit their jurisdiction to cases which create a conflict between laws established by court decisions, to clarify the application of statutes, or cure obvious errors committed by the court below. Trial judges are not required to be perfect  - and courts of appeal seldom accepts jurisdiction to consider harmless errors.

See Also: Sources for filing, Court Orders and Contempt, Child Support Agency Online Help, Free Form Help and Instructions