A party is in contempt of court when: the party was ordered to do something by a court, the party has failed to do that something, and the party could have done that something if they wanted to.
Contempt deals with the disobedience or disregard of a court order directed at a party in the litigation. This can apply to any provision of a court’s order, a consent order, a final judgment and decree or a settlement agreement when it is incorporated or merged into a final judgment and decree. Although contempt most often applies to child support and visitation orders, contempt can also apply to exchange of property, procurement of life insurance and payment of debts, among others.
Fortunately, there are legal steps you can take to enforce any type of contempt situation you are facing. In Georgia, a contempt action must be filed in the court that issued the order and the court that issued the original action will maintain jurisdiction to enforce the original order. After the motion is filed and properly noticed on the offending party there will be a hearing in which the court will hear the evidence.
It is very important that you seek legal counsel whether you are filing the contempt or faced with the contempt filing. If you are the party filing the contempt you will need guidance enforcing the action, and if you are the defendant party understand that consequences can be severe. If the court determines that you showed disregard for the court’s order, you could face incarceration, fines, and other legal consequences.
Our firm can help you with your contempt case. Reach out to the attorneys at Brown Dutton & Crider at (770) 422-4241 or email firstname.lastname@example.org to discuss your options.
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