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Contempt of Court in Georgia

MLF Team

Contempt of Court in Georgia

Contempt can happen when you fail to follow a judge’s directions, refuse to obey an order of the court, or ignore a ruling made by the court. Contempt of court is a violation of the law. If a spouse was ordered to pay monthly child support or alimony and intentionally refused to pay, they could be held in contempt. Failing to obey a court order may result in jail time.

How to Use Contempt of Court in Georgia?

  • A party initiating a lawsuit must show that the offending party violated a court order.
  • Failure to comply must be proven willful on the offender’s part.

How to prove your spouse is in contempt

Just like a divorce trial, you must provide sufficient evidence to the court that your spouse willingly disobeyed a court order. Refusing to pay child support, alimony, or withholding visitation are all valid reasons to file a motion for contempt. Keeping records of text messages and emails showing your spouse’s unwillingness to obey court orders is a great way to provide evidence of contempt.

How Long Is Jail Time for Contempt of Court in Georgia?

In Georgia, the maximum sentence someone could receive for contempt of court is twenty days imprisonment. The judge may impose a fine of up to $1,000 and jail time; however, there are some exceptions to these rules. For instance, if your spouse has been in contempt of court for failure to pay child support they could face jail time until the party has paid whatever amount the Judge orders they pay to be released from jail.  In addition to those remedies, a Judge can order a party who was denied parenting time make up parenting time.  .