Contempt and Order to Show Cause

In North Carolina, civil contempt is a legal mechanism used to compel compliance with court orders. It’s typically invoked when a party fails to adhere to a court's order, especially in civil matters such as child support, alimony, or property division. The primary objective of civil contempt is to enforce the court's directives and ensure that the party abides by the established legal obligations.

Civil Contempt: In civil contempt proceedings, the court seeks to compel a party to comply with its order, rather than to punish the party. For a finding of civil contempt, the complaining party must prove that the court order was clear, specific, and previously communicated to the alleged contemnor, and that the contemnor has willfully disobeyed it. If found in contempt, the offending party may be subjected to various sanctions, such as fines or imprisonment, but these are typically coercive measures designed to encourage compliance rather than punitive actions. The contemnor can often purge the contempt by complying with the court order, thus ending the sanction.

Orders to Show Cause: To initiate a civil contempt proceeding, a party may file an “Order to Show Cause” with the court. This document requests the court to compel the alleged contemnor to explain why they should not be held in contempt for failing to comply with a previous court order. The Order to Show Cause outlines the alleged violations and sets a date for a hearing where the contemnor must present their side of the case. During the hearing, the court will examine whether the order was clear and specific, and if there was a willful disobedience. The contemnor has the opportunity to argue that compliance was impossible or that there were other valid reasons for their non-compliance.

Legal Process and Considerations: The process of civil contempt and issuing Orders to Show Cause involves strict procedural requirements. The court must ensure that the alleged contemnor had notice of the original order and a fair opportunity to comply. The goal is to uphold the authority of the court and ensure that its orders are effective in managing civil matters. Courts will generally use civil contempt as a last resort, after other enforcement methods have been exhausted or deemed insufficient.

By leveraging civil contempt and Orders to Show Cause, North Carolina’s legal system aims to uphold the rule of law and ensure that court orders are respected and followed, ultimately promoting fairness and justice in civil disputes.

If you are in need of a contempt proceeding to hold someone accountable for violating a court order, or if you are being held in contempt, please make an appointment for a free consult.

Contempt is that type of hearing where the client can walk into court but might not walk out.