Importance of Following Court Orders and Contempt in Domestic Relations Proceedings
There can be serious consequences for violating a court order. It is important that individuals keep themselves informed regarding court orders pertaining to their court proceedings, including deadlines and required actions, for both them and the opposing party. When a court order is violated an individual may be held in “contempt of court”.
Generally, there are two types of contempt findings that may be imposed, civil and criminal contempt. Generally, in family court, an individual is held in civil contempt and criminal contempt is not as common. Civil contempt is typically imposed to compel an individual to comply with the court order.
Indirect and Direct Contempt
Within criminal and civil contempt there is also a further subcategory of indirect and direct contempt of court. Direct contempt occurs in the presence of the Judge in court while indirect contempt occurs out of the courtroom. As a result, when trying to prove indirect contempt, an individual generally must rely on outside evidence, and even sometimes third parties for proof of the offense. In family law, indirect civil contempt is most common, typically by way of one party violating a court order.
There are several circumstances that could lead to being held in indirect contempt of court in a domestic relations proceeding. Some examples include:
Failing to pay child support, expenses, or attorney’s fees as ordered by the court;
Refusing to participate in court-ordered mediation;
Failure to comply with discovery (the production of information and documentation) that has been court ordered.
Court’s Involvement
To be found in contempt of court, first there must be a “Petition for Rule to Show Cause” filed with the court. The petition for rule to show cause will be filed by the party who wishes to compel compliance with a court order by the other party. Within the petition, there are certain requirements that must be met for the pleading to be proper.
First, the specific allegation of what action has or has not been taken must be outlined. Second, the original order that was violated must be included through a citation to the direct language of the order, which must also be attached as an exhibit. The individual bringing the petition for rule to show cause must allege that the violation of the court order was “willful, contumacious, and without cause or justification.” This is a legal phrase which essentially means that the term of the court order was intentionally violated or ignored. If the original order was vague and allows interpretation of the terms it will be more challenging to show that the refusal to follow the order meets the standard of “willful, contumacious, and without cause of justification.”
After a petition for rule to show cause is filed, it must be presented to the court. The opposing party will have time to respond to the pleading and set forth any reasoning or justification they may have for failing to comply with the terms of the order. Once the time to respond has elapsed, the Judge will typically set the pleading for hearing. At the hearing, the Judge will first determine whether a “rule” will issue against the defending party.
A rule can be issued based on testimony or based on the allegations of the pleading. Some judges require that testimony or argument be made prior to a rule issuing. In these cases, a party who filed the petition for rule to show cause may have to testify as to why they believe the other party should be held in contempt for a violation of the court order and what specifically was violated and how. More commonly, a rule may be issued based on a verified pleading that meets all the requirements detailed above. A verified pleading is supported by a statement signed by the party stating that the allegations contained in the pleading are true and accurate. Occasionally, the rule will issue, and the burden will shift prior to a hearing occurring.
If the rule is issued against the defending party, the burden shifts and the defending party is required to meet the burden of proof of demonstrating why the violation was not “willful, contumacious, and without cause or justification.” If the rule does not issue, the burden remains with the party bringing the pleading before the court to show that the order was violated and that the violation was “willful, contumacious, and without cause or justification.”
If the rule is issued, a purge may be set that details what action the party needs to take to satisfy their obligation under the court order. Some examples of purging contempt are if the individual pays the past due child support owed pursuant to court order or tenders the outstanding discovery requested. If the purge is satisfied, and the violation no longer exists (i.e. if all past due child support is paid) then there is no need for a hearing to commence.
If a hearing is held, it can be an evidentiary hearing or a summary hearing. The difference is that at a summary hearing, the parties’ counsel will make arguments to the Judge, whereas if it is evidentiary then testimony may be taken, and evidence will be presented to the Judge through a more formal proceeding. The Judge will then determine if there is a contempt finding for the failure to comply with the court order and make a subsequent ruling based on the findings.
Attorney’s Fees
If a person is found to be in contempt of court for violation of a court order, 750 ILCS 5/508(b) states attorney fees shall be awarded to the party who brought forward the petition for rule to show cause. If there is a contempt finding against the other party, a petition for attorney fees pursuant to 750 ILCS 5/508(b) is necessary to request the violating party pays the other party’s attorney fees associated with compelling compliance with the court order. Attorney fees are the most common award of sanctions against a party found to violate a court order. However, in terms of discovery orders that are violated, Illinois Supreme Court Rule 219 allows for specific sanctions, which are further delineated in our article attached here.
Even without a contempt finding, attorney’s fees can be sought through the filing of a petition for contribution to attorney fees. However, the award of attorney fees in this circumstance is not guaranteed, but there is case law to support this in certain circumstances.
The Law Office of Erin M. Wilson LLC has extensive experience with compelling compliance with court orders, both by filing petitions for rule to show cause and attempting to compel compliance before filing. The firm additionally has experience in defending against petitions for rule to show cause and is available to discuss options and recourse in both situations. Contact The Law Office of Erin M. Wilson LLC to schedule a consultation at 312-767-4220.
NOTICE: This blog is intended solely for informational purposes and should not be construed as providing legal advice. Please feel free to contact us with any questions you may have regarding this blog post.