TEMPE ARIZONA DIVORCE LAWYER DISCUSSES MOTIONS FOR CONTEMPT
During the course of many divorce and family law cases in Arizona, one party may violate a court order or the Preliminary Injunction (which has the same effect as a court order). The other party may, in certain cases, want to bring this to the Court’s attention and have the violation remedied. This is often done through filing a Motion for Contempt of Court.
To prove contempt, the party will have to demonstrate the existence of a clear Order or that the Preliminary Injunction was in effect. The party will also have to prove that the Order or Preliminary Injunction was violated. Finally, the Court requires proof that the violation was willful, and not beyond the control of the party alleged to be in contempt.
If a Motion for Contempt has been filed against you, you may defend yourself by showing that there was no such Court Order, that you were not aware of the Court Order, or that abiding by the Court Order was not within your power. For example, if a party is alleged to have failed to pay child support, he or she may avoid being found in contempt by showing that the Order was not valid, that he or she was unaware of the Order, or that he or she did not have the ability to make the ordered payments. Not being in contempt would not necessarily eliminate the obligation to pay the ordered child support, but would aid in avoiding contempt and any sanctions that the Court would impose.
If you would like a free telephonic consultation regarding your family law case, please contact McGuire Gardner at (800) 899-2730 or visit us at www.yourarizonadivorcelawyer.com .