Understanding the Consequences of Violating a Court Order
When a court order is issued in South Carolina, both parties are legally required to follow its terms. Whether it involves child custody, child support, or court-ordered visitation, failure to comply can result in serious legal consequences. If your ex-spouse or the other parent has violated a family court order, you have legal options to enforce it and seek compliance through the court system.
Types of Court Orders That Can Be Violated
A party may violate several types of family court orders, including:
- Child custody orders – Failing to follow a child custody agreement, withholding visitation, or relocating without permission.
- Child support orders – Refusing to pay child support as ordered by the court.
- Court-ordered visitation – Denying or interfering with the other parent’s legally granted parenting time.
- Divorce agreements – Not following financial obligations, property settlements, or spousal support terms.
If the other party refuses to comply with a previous order, you may need to take legal action to obtain compliance and protect your rights.
What Legal Actions Can Be Taken?
When a party violates a court order, you can file a contempt action in family court. There are two main types of contempt of court in South Carolina:
Civil contempt
- Used to compel compliance with a family court order (e.g., making the person pay overdue child support).
- The court finds that the person has the ability to comply but refuses to do so.
- Penalties may include fines, wage garnishment, or community service.
Criminal contempt
- Used to punish a willful violation of a court order.
- The court finds that the violation was intentional and harmful.
- Penalties may include a jail sentence, fines, or other legal consequences.
The Contempt Process in South Carolina
To hold someone in contempt, the following steps must be taken:
- File a contempt action – You must file a motion in family court requesting enforcement of the court order.
- Provide a supporting affidavit – This document explains how the other party has violated the order.
- Attend a contempt hearing – The judge will review the evidence and determine if contempt charges should be issued.
- Present evidence – You may need to provide proof, such as missed payments, emails, or witness testimony.
- Judge’s ruling – The judge will decide whether the party is in contempt and issue penalties accordingly.
Possible Penalties for Violating a Court Order
If the court finds that a party violated a court order, penalties may include:
- Wage garnishment or asset seizure to pay overdue child support
- Modification of the custody order if the custodial parent is not following the agreement
- Payment of attorney’s fees and court costs
- Community service or probation
- Jail time for severe or repeated violations
Why You Need an Attorney for Contempt Cases
Handling a contempt case in family court can be complex. An attorney can help you navigate the legal process, present evidence, and advocate for your rights. Whether you need to enforce a custody order, recover unpaid child support, or hold your ex-spouse accountable, legal representation can improve your chances of a favorable outcome.
Learn more about enforcing court orders in South Carolina. Call Sarah Henry Law at (864) 478-8324 to schedule your free, no-obligation consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward resolution and peace of mind.
FAQ
1. What happens if my ex refuses to pay child support?
If a parent refuses to pay child support, you can file a contempt action in family court. The court may order wage garnishment, fines, or even jail time for noncompliance.
2. Can I deny visitation if my ex violates a custody order?
No, you must follow the custody order unless the court modifies it. If your ex is violating the order, you should file a contempt action rather than taking matters into your own hands.
3. How long does a contempt hearing take?
The length of a contempt hearing varies depending on the complexity of the case, but most are resolved within a few hours.
4. Can my ex go to jail for violating a court order?
Yes, if the violation is severe or repeated, the judge may issue a jail sentence for criminal contempt.
5. Do I need an attorney to file a contempt action?
While not required, having an attorney can improve your chances of a successful outcome by ensuring proper legal procedures are followed.
