Monday, May 3, 2010
Contempt - Jail
When the Court is faced with a Motion for Contempt, they want to know why the person did not comply with the Order. Did they know about the Order? Did they have the ability to comply with it? Was there a reasonable explanation as to why they did not comply? If the person did not have the ability to comply and explains it to the Court, they may not be found in contempt. If they had the ability to comply and simply chose not to do so, they need to be prepared to face the wrath of the Court.
Again, the purpose of the jail time is not to punish, but to get compliance with a Court Order. Typically, jail will do that to a person. Last week, i had the Court impose jail time against an opposing party who refused to obey a Court Order in favor of my client. It was a sobering experience.