CONTEMPT ACTIONS FAQ'S

1. What is a contempt action in probate and family court in Massachusetts?
   - It's a legal process initiated when a person believes another has failed to follow a court order related to family matters, such as divorce or child support.

2. When can I file a contempt action in Massachusetts?
   - You can file when someone does not comply with a court order, including those for alimony, child support, visitation, or property division.

3. How do I file for a contempt action?
   - You must submit a Complaint for Contempt form to the probate and family court that issued the original order, along with any evidence of non-compliance.

4. What happens after I file a Complaint for Contempt?
   - The court will schedule a hearing where both parties can present their evidence and arguments. The judge will then decide if a contempt has occurred.

5. What can the court do if it finds the other party in contempt?
   - The court has various options, including ordering immediate compliance, imposing fines, awarding attorney fees, or even incarceration for severe violations.

6. Can I represent myself in a contempt action?
   - Yes, you can self-represent, but given the legal complexities, seeking legal advice or representation is recommended.

7. What is the burden of proof in a contempt action?
   - The burden of proof is on the person filing the complaint. They must demonstrate, by a preponderance of evidence, that the other party knowingly violated the court order.

8. Are there defenses to a contempt action?
   - Yes, common defenses include inability to comply due to circumstances beyond one's control, lack of clarity in the original order, or evidence of compliance.

9. What if I am found in contempt?
   - You will be ordered to correct the violation, which may include paying overdue amounts, and possibly facing penalties such as fines or attorney fees.

10. Can contempt findings be appealed?
    - Yes, decisions in contempt actions can be appealed to a higher court, but you must prove that the lower court made a legal or factual error.

11. How long does a contempt action take?
    - The timeline varies depending on the complexity of the case and the court's schedule, but it may take several months.

12. Is mediation an option in contempt actions?
    - Yes, parties are often encouraged to resolve their issues through mediation before the hearing, which can be faster and less contentious.

13. What is "purge" in the context of contempt proceedings?
    - A purge condition is a way for the party found in contempt to avoid penalties by complying with specific conditions by a certain deadline.

14. Can contempt actions affect custody or visitation rights?
    - While contempt actions focus on enforcing orders, repeated violations can influence future court decisions regarding custody or visitation.

15. Do I need to notify the other party when filing a contempt action?
    - Yes, the other party must be served with the Complaint for Contempt and notified of the hearing date to have the opportunity to respond.