Unfortunately, it is rare for both parties to strictly comply with their Agreements. Most often, a parent will fail to make child support payments or will be denied their scheduled parenting time. Also common are situations where major decisions will be made by one parent without the other party’s knowledge or consent, in violation of the terms of the Separation Agreement.
When one party violates an order or judgment of the court, relief can be obtained through the filing of a Complaint for Contempt. This Complaint details what the court ordered the non-compliant party to do, when this party violated the order, and what relief is sought. Both parties are given the opportunity to present sufficient facts to the court and to argue why a party should or should not be found in contempt and ordered to pay the Plaintiff’s legal fees.
Attorney Suarez has successfully presented and defended against numerous Complaints for Contempt in courts throughout Massachusetts. Prior to filing a Complaint for Contempt, He will ensure that the terms of a court order are clear and unequivocal, and that the alleged violations by the Defendant were deliberate. He also reviews evidence of alleged violations and obtains further documentation to present at trial. This enables Attorney Suarez to request and receive counsel fees for his client when the Defendant is found to be in willful and wanton violation of a court order. When defending against a Complaint for Contempt, he points out ambiguities in the court order, bad faith actions by the Plaintiff, and circumstances which make strict compliance with an agreement impossible.
Contact An Experienced Cape Cod Divorce Attorney
If you believe that your spouse or former partner has violated the terms of an agreement or court order, or if you must defend against a Complaint for Contempt contact Attorney Mike Suarez at (508) 759-1122.