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What Are the Penalties for Contempt of Court in New York? There are two basic types of penalties for contempt of court in New York: fines and jail time. Depending on the nature and scope of the relevant violations, parties in New York divorce cases may face fines, jail sentences, or both.
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.
Simply put, if either party involved violates a court order, that party may be considered being in contempt of court. This includes actions such as failing to pay alimony or child support, failing to fulfill or denying visitation, refusing to pay on the mortgage, and any other refusals of court mandates.
A civil contempt proceeding shall be commenced by the filing of a complaint for contempt with the clerk of the court whose injunction, stipulation, order or judgment is claimed to have been violated. No entry fee shall be required in connection with the filing of the complaint for civil contempt.
No fixed term of incarceration or maximum fine is set in a remedial contempt of court order. Incarceration for indirect remedial contempt of court can continue until the matter to be compelled is moot, or until the person incarcerated no longer has the capacity to obey the court order.