More In This Category
View Transcript
there’s really three things that courts
are looking for if they’re going to find
someone in contempt for violating a
court order in a Massachusetts family
law case
first they’re going to see if there is a
clear and unambiguous order which really
means did the defendant have notice of
what they were expected to do or not do
the second thing they’ll look for is
whether there is a clear and unambiguous
violation of the order in other words
did someone clearly violate the order
through some intentional Act
the third thing that a court is going to
look at is whether or not the defendant
had the ability to comply with the order
so for example if someone loses their
job and is unable to pay child support
because they have no money
a court may find that that person had
the inability to comply with the order
even though the order itself is clear
and they didn’t follow it the
implications of being found in contempt
in Massachusetts are profound a person
found in contempt can be ordered to pay
the legal fees of the plaintiff and a
court can make orders to correct the
problematic behavior of a person found
in contempt so it is something that
needs to be avoided at all costs
Hingham, MA family law attorney Jason V. Owens details the grounds for being held in a contempt in a MA divorce case.