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Any court, including a family support magistrate, may punish by fine and imprisonment any person who in its presence behaves contemptuously or in a disorderly manner; but no court or family support magistrate may impose a greater fine than one hundred dollars or a longer term of imprisonment than six months or both.
Such punishment must be necessary to maintain courtroom order; the contemptuous conduct must occur in the presence of and be witnessed by the judge; the judge must enter a finding of contempt at the time it occurs; and the punishment cannot exceed three months' imprisonment and a fine of $2,000.
Steps To Filing A Motion For Contempt You can get the forms to file a Rule for Contempt. The forms require that you provide basic information about the custody order and the other parent. There is a section where you can provide the specific ways the other parent is violating the custody order.
Although most contempt actions are civil in nature, this does not mean that there will not be serious consequences if a person is found to be in contempt of court. For example, a Massachusetts probate and family court judge has the authority to incarcerate a person for up to 30 days for non-payment of child support.
In a criminal contempt action for a nonsupport case, there must be a finding that the obligor had the ability to pay support when it was due and knowingly and intentionally failed to obey the order. The defendant has a presumption of innocence and must be proven guilty beyond a reasonable doubt.