Maryland Divorce Lawyer Blog
In divorce or other family law cases, the best path forward is to work collaboratively with your ex (or soon-to-be-ex) spouse to resolve all disputes, and to follow all of the orders the trial judge hands down. When that does not matter, contempt of court proceedings can result. If you face a contempt charge, it is essential to know what to expect, as well as what the court can and cannot do. Obtaining this knowledge and securing effective advocacy against the contempt charge are two goals an experienced Maryland divorce lawyer can help you with immeasurably.
Recently, the Appellate Court weighed in regarding proper and improper contempt punishments and parties’ burdens of proof. The case involved child custody and child support, but the lessons from the court’s ruling apply to all kinds of divorce and family law cases.
In the summer of 2024, the wife brought the husband into court for a contempt hearing. The trial judge concluded that the husband had violated the couple’s child custody order and sentenced the husband to 30 days behind bars for “constructive civil contempt.”
The Appellate Court, however, reversed what the trial judge had ordered. In explaining its decision-making, the appeals court noted that, for a court to hold a party in contempt, the judge must find that the party disobeyed the court’s order “willfully.” Accidental non-compliance with a court order is not grounds for finding a person in civil or criminal contempt of court.
Each Spouse’s Burden of Proof
The trial judge in S.A.’s said that, in contempt cases, the spouse seeking a contempt ruling must prove the other spouse did not comply with the court’s order. Then, the burden of proof shifts to the other spouse to establish that he “could not do more than he did to comply” with the court’s order.
According to the appeals court, that was an incorrect statement of the law. The law requires a spouse facing possible contempt penalties merely to show that he did not willfully act in a way that was contrary to the court’s demands. The law does not require him to demonstrate that he “could not do more.”
Permissible Penalties Under Each Type of Contempt
The appeals court also declared that the sentence of 30 days’ incarceration was improper. The reason that was true relates to the types of contempt of court. Maryland recognizes both direct contempt and “constructive contempt.” To qualify as direct contempt, a party must act (or fail to act) inappropriately in front of the judge, and usually in the courtroom. Calling the judge unethical and corrupt and implying in open court that he accepts certain non-monetary bribes from your ex-wife is potentially one form of direct contempt, but intentionally skipping a scheduled hearing without a valid excuse can be, too.
Constructive contempt, on the other hand, generally occurs outside the courtroom and not in front of the judge. Failing to pay court-ordered alimony in full and on time can be a matter of constructive contempt.
Direct and constructive contempt can be subdivided into civil or criminal contempt. In criminal contempt matters, the goal is to punish the wrongdoer, and the judge may sentence him to a specific period of incarceration. Civil contempt involves coercing the wrongdoer to come into compliance. Civil contempt orders must include a way to““purge” the contempt (which is a legalese way of saying to fix the non-compliance that triggered the contempt finding.) Civil contempt penalties can only last for as long as the party fails to meet the “purge” demand. For example, a judge may order a spouse jailed for civil contempt in an alimony case but the spouse would be capable of securing his freedom by paying whatever sum the court set as the “purge” amount.
The judge in S.A.’s case sentenced him to a predetermined period behind bars. That is punitive in nature and necessarily a criminal penalty. Because S.A.’s was a civil contempt case, that was inappropriate.
Whether you are facing possible divorce-related contempt charges or simply trying to wrap up your uncontested divorce, the knowledgeable Maryland family law attorneys at Anthony A. Fatemi, LLC can help. We have extensive experience handling a full array of family law matters and can provide the effective advocacy your case deserves. Contact us today at 301-519-2801 or via our online form to schedule your consultation.