Close Menu
Protecting the Interests of Clients & Families Throughout Orange & Seminole County

Explaining Contempt of Court Charges in Orange County

shutterstock_666446746

Some people may recall Kim Davis, the former Rowan County, Kentucky clerk. In 2015, she refused to issue marriage licenses to same-sex couples. As a result, a judge put her in jail, not because of her religious beliefs, but because she refused to obey a lawful order from the United States Supreme Court.

U.S. District Judge (and the son of former Major League pitcher Jim Bunning) David Bunning’s jail sentence was for contempt of court. Public officials are not the only people who can be punished in this way. Everyday people in Maitland may be held in contempt of court as well.

Civil Contempt

Typically, judges issue civil contempt orders for failing to follow a lawful court order. Many times, that order involves the payment of child support or another family support obligation.

Although the Florida Attorney General has jurisdiction over nonpayment of child support matters, many people choose to partner with private Maitland family law attorneys to pursue civil contempt orders. Private attorneys have the same tools available. Furthermore, and perhaps more importantly, the Attorney General does not represent individual obligors. Instead, the Attorney General represents the state. So, only a private attorney puts you and your family first.

Generally, the contempt/nonpayment process involves obtaining a contempt order and then enforcing that order. A judge will issue a child support contempt order if the obligor (person required to pay support) knew about the order and had the financial means to pay support.

In terms of enforcement, the obligee (person receiving child support) has several options. Some of them are designed to capture the obligor’s attention, and others are designed to generate money immediately. Common options include:

  • Wage garnishment,
  • Jail time,
  • Drivers’ license suspension, and
  • Payment intercept (mostly tax refunds and lottery winnings).

As mentioned, if obligees work with the Attorney General, a government lawyer decides which approach is best for a family. If you work with a private Maitland family law attorney, the obligee makes that decision.

Nationwide, less than half of obligors receive the full amount of child support they are entitled to pursuant to court orders.

Criminal Contempt

In the family law context, most people are in criminal contempt of court if they violate protective orders.

That violation could be at the heart of the order. For example, an ex-spouse might physically assault someone who is covered by a protective order.

Other protective order violations could trigger criminal contempt charges as well. For example, the person could refuse to move out of a residence or try to alter the children’s enrollment status at daycare.

In both civil and criminal contempt cases, Orange County judges usually give people an opportunity to comply before handing down contempt orders. In most cases, that’s really what everyone wants. In delinquent child support situations, most obligees do not want the obligor to go to jail. They just need the money they are owed.

Dangerous violations of court orders, such as secreting the child away from the other parent, are an obvious exception to this rule.

Work with an Aggressive Lawyer

If one party refuses to follow a court order, the other party has legal options. For a confidential consultation with an experienced Maitland contempt enforcement attorney, contact The Troum Law Firm, P.A.

Resource:

https://www.cnn.com/2015/09/04/us/kim-davis-things-to-know/index.html

Facebook Twitter LinkedIn
Personable. Capable. Dependable.

"Attorney Troum and his firm have been such a great help during a difficult time. I would highly recommend them"

- No Name

"Attorney Troum have been such a great help. Great communication with all individuals in the firm...."

- Christina Sepulveda

"I would definitely recommend him to others looking for a calm, professional, and experienced attorney."

- Former Client

"The Troum Law Firm is highly professional, hard working, and extremely knowledgeable"

- Anja

"Mr. Troum’s support staff is outstanding! I couldn’t have asked for a better team to work with."

- Divorce Client

"Mr. Troum and his staff were excellent."

- Paul

"Mr. Troum truly met my expectations."

- Tito

"Mr. Troum's experience, knowledge of the law and in-depth familiarity with the local court system is a huge asset to anyone looking for the best representation."

- Michael

"Many thanks for helping me throughout the entire divorce process. This attorney comes highly recommended!"

- Divorce Client

"Mark gave good advice, was a good ally and enabled me to move forward with peace."

- Former Client

"I am very pleased with everything Mr. Troum has done for me. If you need someone, who will get the job done Mark Troum is your attorney."

- Rey

"I have recommended him to friends and family and highly recommend him to anyone looking for an excellent attorney."

- Domestic Violence Client

"The firm was detailed and effective in resolving my case. I would highly recommend them."

- Lori

"I have recommended attorney Mark Troum as well as continue to recommend him to anyone who wants a fair, just, determined, personal, great attorney!!"

- Former Client

"I would highly recommend Mr. Troum and his team to anyone who wants things to be done according to the law."

- Reina

"Mr. Troum is a superb attorney and is everything that most lawyers aren't....when you get him....you get the best! Thank you, thank you, thank you.....for caring and helping me to go forward in my life."

- Lynda

"Mr. Troum and his staff walked me through every single step of it and continued to fight until he got us exactly what my children and I deserved."

- Former Client
More Testimonials