In family law, a court order isn’t just a suggestion—it is a mandate. When one party fails to follow the clear instructions laid out in a divorce decree or custody order, the primary tool for enforcement is a Motion for Indirect Contempt of Court.
At Tulsa County Lawyers Group, we frequently assist clients who are frustrated by a “rule-breaking” ex-spouse in child custody and other family law matters. Understanding the difference between direct and indirect contempt is vital to ensuring the court holds the offending party accountable.
Direct vs. Indirect Contempt: What’s the Difference?
To understand indirect contempt, you first have to understand what it isn’t:
- Direct Contempt: This happens in the presence of a judge while court is in session (e.g., yelling at a judge or disrupting a trial). The judge can rule on this immediately because they witnessed it.
- Indirect Contempt: This occurs outside the presence of the court. It involves the willful disobedience of a court-ordered rule, such as failing to pay child support or refusing to follow a visitation schedule. Because the judge didn’t see the violation happen, a “mini-trial” is required to prove it.
The Four Elements of Indirect Contempt
To win a contempt case in Oklahoma, the complaining party must prove four specific things to the court:
- A Valid Order Existed: There must be a signed, file-stamped court order that was in effect at the time of the violation.
- The Person Knew of the Order: You must prove the other party had notice of the order (usually through proof of service or their signature on the document).
- The Order Was Clear: The instructions must be specific. Ambiguous language (like “reasonable visitation”) is much harder to enforce than specific dates and times.
- The Violation Was Willful: This is the most important element. You must prove the person chose to disobey. For example, if someone didn’t pay child support because they were unconscious in a hospital, it might not be considered “willful.”
Common Examples in Family Law
Indirect contempt is most commonly filed for:
- Non-payment of Child Support: Failing to pay the court-ordered monthly amount.
- Visitation Interference: Refusing to drop off a child for the other parent’s scheduled weekend.
- Failure to Pay Debts: If a divorce decree ordered a spouse to pay a specific credit card or mortgage and they refused.
- Violation of Injunctions: For example, selling marital property that was ordered to be held until the divorce was final.
The Penalties: “The Keys to the Jailhouse”
Indirect contempt is a “quasi-criminal” matter. This means that while it happens in a civil case, the person accused has certain constitutional rights, including the right to a jury trial if the judge considers jail time.
In Oklahoma, the penalties can include:
- Fines: Up to $500 per count of contempt.
- Jail Time: Up to six months in the county jail.
- Make-up Time: If the contempt involved missed visitation, the judge can order additional makeup days for the wronged parent.
- Attorney Fees: Often, the judge will order the “contemnor” (the rule-breaker) to pay the legal fees of the person who had to file the motion.
One unique aspect of contempt is the “purge fee.” A judge may sentence a person to jail but allow them to “purge” their contempt (and stay out of jail) by paying the overdue child support or returning the property immediately.
Why You Need a Strategy
Filing for contempt is a serious step. Because it carries the threat of jail time, the burden of proof is high. You need meticulous records—such as a calendar of missed visits or a payment ledger from the state—to win. Conversely, if you have been served with an Application for Contempt, you must act quickly. A “good reason” for missing a payment isn’t a legal defense; you need a strategic legal defense to avoid fines or incarceration. For a Free Consultation with a family and divorce law attorney at Tulsa County Lawyers Group, call right now 918-379-4864. Or if you would like to ask a free online legal question, follow this link
