Memphis attorney Vincent Perryman discusses Legal Contempt with Bill Jones. Legal contempt occurs when court orders are not upheld by the individual they are given to. By disobeying the court’s ruling, the individual is placed in contempt. There are two types of contempt, criminal contempt and civil contempt. There is a distinction as to how does one get placed in contempt. In order to be placed in contempt there is a three prong test. The first prong to this test asks does the court’s order clearly restrict a specific action. Although, a person may be upset with an action the opposite party is doing if the court order is not clearly restricting this action, no one can be put in contempt. The next prong asks was this action willfully disobeyed. Some defense can be made here by saying one did not know or fully understand the specific order. The last prong to the test asks did they have the ability to comply with these orders. A situation where an individual does not have the ability to comply with a court order is with the refinance of a home. Although, a Memphis individual may have willfully not refinanced their home under court orders, if their bank denied the application they did not have the ability to uphold the order.
Memphis attorney Vincent Perryman discusses Legal Contempt with Bill Jones. Most contempt comes from poorly drafted orders. Such as when a judge orders a party to do something they are unable to do. Memphis attorneys need to assist their clients in drafting these orders properly. When a judge takes time off or a new judge comes in all they have is the record with the official court order. Despite the time Memphis lawyers spend preparing for trial or depositions, drafting the final court order is the most important aspect. Drafting the final court order is something Memphis attorneys really need to spend some time on with their clients. One might also ask when does one file a petition for contempt. Every offense does not merit hiring an attorney, filing a petition and going in front of the court. In a family law setting you do not want the judges to become familiar enough with you where he comes in and knows you. By letting small things add up instead of filing for every minor incident can help with ones case. Generally the first contemptuous offense will result in “a slap on the wrist.”
Memphis attorney Vincent Perryman discusses Legal Contempt with Bill Jones. In this episode of Legal Ease Memphis attorney Vincent Perryman discusses civil contempt with Bill Jones. One is placed in civil contempt when one has the ability to get out of contempt by fulfilling an action. Such as if a party owed money for child support they would be placed in civil contempt. When the money that is owed is paid, they have purged themselves out of contempt. Even with civil contempt there is an associated jail time. To avoid being put in contempt sit down and go over the court orders with a Memphis attorney and make sure everything is understood about what the order is.
