This pamphlet provides an overview on the contempt process, both in civil and criminal matters. Specific detail is provided on how contempt motions are filed and dealt with in a divorce case.
Kentucky USLegal Pamphlet on Contempt of Court
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US-PMPH-03
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FAQ
What does 'in contempt' mean? A person may be held in contempt in a number of ways. The legal sense may be defined as "willful disobedience to or open disrespect of a court, judge, or legislative body." In a general sense if you hold someone in contempt it simply means that you despise or strongly disapprove of them.
Contempt of court is the criminal offense of disobeying an instruction from a judge or a court of law. [law] He faced imprisonment for contempt of court.
To obtain a show cause order in proceedings for contempt, a party should file a motion supported by an affidavit showing the party is entitled to the Order. B. An order may be issued ex parte which shall not come on for hearing sooner than five (5) days from the date it is served unless otherwise ordered by the Court.
If the parent obligated to pay support has gone 6 months without paying, or is behind more than $1,000, the County Attorney may file flagrant nonsupport charges, which is a Class D Felony punishable from 1 to 5 years in prison and up to a $10,000 fine.
Contempt of court: this charge indicates that you failed to obey a court order and is a misdemeanor charge. Failure to appear: a misdemeanor charge that will not necessarily result in severe consequences, but will not improve your standing with the court.
(2) A person who is found to be in violation of an order issued by the court under KRS 215.560(2) shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or shall be imprisoned for not less than six (6) nor more than twelve (12) months, or both.
Initiating contempt proceedings. This means that the paying parent has to go to court and explain to the judge why he or she disobeyed a lawful child support order. Contempts are very serious and can result in jail time and damage to credit scores if a judgment is issued.