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Upon responding to a motion for contempt, a defendant may either lodge a defense or he or she may purge the contempt by complying with the court's order and remedying any past due support obligations. The defendant responds by filing an answer. The answer may contain defenses against the contempt action.
The elements of contempt of family court in California that are necessary to prove contempt of court occurred include the establishment that there was a valid court order to violate, the accused party had knowledge of that court order, and they willingly, willfully, and intentionally violated that court order.
In order to hold the other parent in contempt of court, you will need to demonstrate clear and convincing evidence of willful disobedience. Contact a skilled attorney to help you gather sufficient evidence to file for child custody contempt in Texas.
In California, the injured party must file an Order to Show Cause and Affidavit for Contempt to receive this type of judgment. The party must have proof of a broken valid court order ? a court order about which the offending party has knowledge.
What are the consequences of being found in contempt? A party found in contempt can be required to pay the other party's attorney fees and sometimes can be jailed for a contempt finding, in addition to being forced to comply with the court orders.