FAMILY & EMPLOYMENT LAW ATTORNEYS THROUGHOUT WEST VIRGINIA, OHIO AND KENTUCKY

Contempt of Court in West Virginia and Ohio Family Law Cases

When a divorce or custody order is entered by the court, both parties are legally obligated to follow it. When one party willfully refuses to comply — by withholding parenting time, failing to pay child support or spousal support, or violating any other term of the order — the other party can ask the court to hold them in contempt. Contempt of court is one of the most powerful tools available to enforce family court orders, and it carries serious consequences including fines, sanctions, and even jail time.

At Klie Law Offices, our family law attorneys help clients throughout West Virginia and Ohio pursue contempt actions when the other party is not following the rules, and defend clients who have been accused of contempt. We serve families from our offices in Buckhannon, Clarksburg, Morgantown, Parkersburg, and Canton, Ohio.

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What Is Contempt of Court?

Contempt of court occurs when a person willfully disobeys or disregards a court order. In the family law context, contempt is the legal mechanism for holding a party accountable when they fail to do what the court has ordered them to do. The key word is "willful" — contempt generally requires a finding that the person knew about the order, had the ability to comply, and chose not to. If a person genuinely cannot comply with the order due to circumstances beyond their control, that may be a defense to a contempt charge.

Types of Contempt in Family Law

There are two broad categories of contempt, and understanding the difference is important because they serve different purposes and carry different consequences.

Civil Contempt

Civil contempt is designed to compel compliance with the court order going forward. It is coercive rather than punitive — its purpose is to motivate the noncompliant party to do what the order requires. In a civil contempt proceeding, the court may impose sanctions that can be avoided if the person complies. For example, a parent who is withholding parenting time may be ordered to immediately comply with the visitation schedule and, if they continue to refuse, may face escalating sanctions. A party held in civil contempt essentially holds the keys to their own release — they can end the contempt by complying with the order.

Criminal Contempt

Criminal contempt is punitive. Its purpose is to punish the person for their past violation of the court order and to vindicate the authority of the court. Criminal contempt can result in a fixed jail sentence or fine that is imposed as punishment for the violation, regardless of whether the person subsequently complies. Because criminal contempt involves potential punishment, the person accused of criminal contempt has additional procedural protections, including the right to counsel and a higher standard of proof.

In many family law cases, contempt proceedings involve elements of both civil and criminal contempt. The court may impose coercive measures to compel future compliance while also imposing punitive sanctions for past violations.

Common Reasons for Contempt in Family Law

Contempt actions arise in a wide variety of family law situations. Some of the most common include the following.

Failure to Pay Support

When a parent or former spouse falls behind on child support or spousal support payments, the other party can file a contempt petition. If the court finds that the nonpayment was willful — meaning the paying party had the ability to pay but chose not to — the court can impose sanctions including a jail sentence that is suspended on the condition that the delinquent party brings their payments current and continues to pay as ordered.

Violation of Custody or Visitation Orders

A parent who withholds custody or parenting time in violation of the court order, refuses to return the child at the end of their scheduled time, or otherwise interferes with the other parent's court-ordered access to the child may be held in contempt. This includes engaging in parental alienation behaviors that effectively prevent the child from spending time with the other parent.

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Failure to Comply with Property Division

When a divorce decree orders the transfer of property, the division of retirement accounts, or the sale of the marital home, and one party refuses to cooperate, contempt proceedings can compel compliance. This can include situations where a party fails to sign documents, refuses to vacate the marital home, hides assets, or otherwise obstructs the property distribution ordered by the court.

Violation of Protective Orders

Violating a domestic violence protective order is a particularly serious form of contempt that can carry criminal penalties beyond those available in a standard civil contempt action. Courts treat protective order violations with the utmost seriousness because of the safety risks involved.

Other Violations

Contempt can also arise from failure to maintain health insurance for the children as ordered, failure to pay the other party's attorney's fees as ordered, failure to complete court-ordered counseling, parenting classes, or substance abuse treatment, and sharing confidential information or documents in violation of a court order.

The Contempt Process

Filing a Contempt Petition

A contempt action begins when the aggrieved party files a petition or motion for contempt with the court that issued the original order. The petition must identify the specific provisions of the court order that have been violated and describe how the other party has failed to comply. The more specific and well-documented the allegations, the stronger the case.

Service and Hearing

The party accused of contempt must be formally served with the contempt petition and given notice of the hearing date. At the hearing, both parties have the opportunity to present evidence and testimony. The petitioning party must prove that a valid court order exists, the accused party had knowledge of the order, and the accused party willfully failed to comply. If these elements are established, the burden shifts to the accused party to demonstrate that they were unable to comply despite making good-faith efforts to do so.

Possible Outcomes

If the court finds a party in contempt, it has a range of remedies available. The court may impose a fine, order makeup parenting time to compensate for missed visitation, order the contemnor to pay the other party's attorney's fees and costs, impose a jail sentence (which may be suspended if the party complies), order specific performance of the violated provision, modify the underlying order to prevent future violations, and impose any other sanction the court deems appropriate to achieve compliance.

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Defenses to Contempt

Not every violation of a court order constitutes contempt. If you have been accused of contempt, there may be valid defenses available to you.

Inability to Comply

The most common defense to contempt is that you were genuinely unable to comply with the order despite making good-faith efforts. For example, if you lost your job and could not afford to make full child support payments, that inability — if documented — may be a defense. However, you must demonstrate that you made reasonable efforts to comply and that the inability was not the result of your own voluntary choices.

Ambiguity in the Order

If the court order is unclear or ambiguous about what is required, it may be difficult for the petitioning party to prove willful noncompliance. A person cannot be held in contempt for failing to follow an order that is too vague to understand.

Substantial Compliance

If you have substantially complied with the order but fell short in minor respects, the court may decline to find contempt. This defense is fact-specific and depends on the nature of the violation.

Changed Circumstances

If circumstances have changed since the order was entered and the order no longer reflects reality, a modification may be more appropriate than contempt. However, until the order is formally modified, you are still legally required to comply with it. The proper remedy for changed circumstances is to file for a modification rather than simply stopping compliance.

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Klie Law Office F.A.Q

1. What do I need to prove to hold someone in contempt?

You generally need to show that a valid court order exists, that the other party knew about it, and that they willfully failed to follow it. “Willful” is the key word: the court looks at whether the person was able to comply and chose not to.

Evidence matters. Bring a copy of the order and records that show the violation, such as payment histories, a calendar of missed exchanges, and texts or emails about the schedule. Write things down as they happen, with dates and times, so you are not piecing events together months later.

2. How do I file for contempt in West Virginia or Ohio?

In West Virginia, you file a petition for contempt, usually with the family court that entered the original order. The family court judge hears civil contempt, while a criminal contempt charge is tried in circuit court before a jury unless the accused waives that right (W. Va. Code § 48-1-304).

In Ohio, you file a motion for contempt with the court that issued the order, which is usually the domestic relations court. The accused is served with a summons that explains the possible penalties and the right to an attorney, and the court must hold a hearing before it can find contempt (Ohio Rev. Code §§ 2705.031 and 2705.05).

3. Can I stop paying child support if I am being denied parenting time?

No. Child support and parenting time are separate obligations, and stopping payments can expose you to a contempt finding of your own. Ohio law specifically bars withholding or escrowing support because parenting time was denied (Ohio Rev. Code § 3109.05(D)). In West Virginia, a court that finds unpaid support must enter judgment for the full amount, plus interest, whether or not it also finds contempt (W. Va. Code § 48-1-304(d)).

The better path is to keep paying and ask the court to enforce the parenting time order. It works the other way, too: keeping a child from the other parent because support is late is itself a violation of the order.

4. Will the other side have to pay my attorney’s fees?

It depends on the state and the type of order. When an Ohio court finds someone in contempt for failing to follow or interfering with a parenting time order, it must charge that person the court costs and order them to pay the other parent’s reasonable attorney’s fees from the contempt proceeding. The court may also award make-up parenting time if it is in the child’s best interest (Ohio Rev. Code § 3109.051(K)).

West Virginia family court judges may include attorney’s fees as part of the relief in a civil contempt case (W. Va. Code § 51-2A-9). Whether fees are awarded depends on the facts, so keep records of what the violation has cost you.

5. Can someone go to jail for contempt in a family law case?

Yes, but jail is usually a last resort. In West Virginia, civil contempt sanctions must give the person a way to “purge” the contempt, such as paying what is owed or following the schedule. A person who cannot presently comply cannot be jailed for civil contempt, confinement for failing to purge is capped at six months, and judges can use alternatives such as home confinement, weekend jail, or community service (W. Va. Code §§ 48-1-304 and 51-2A-9).

In Ohio, penalties increase with each offense: a fine of up to $250, up to 30 days in jail, or both for a first offense; up to $500 and 60 days for a second; and up to $1,000 and 90 days for a third or later offense (Ohio Rev. Code § 2705.05). Whether you need to file a contempt action or respond to one, contact us to schedule a consultation.

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Contempt vs. Other Enforcement Tools

Contempt is one of several enforcement tools available in family law. Other options include income withholding for support payments, license suspensions, tax refund interceptions, property liens, and credit reporting. In many cases, these alternative enforcement methods are pursued alongside or instead of contempt proceedings. Our attorneys evaluate the full range of enforcement options and recommend the approach most likely to achieve the desired result in each case.

Why Choose Klie Law Offices

Contempt proceedings require an attorney who can present clear, compelling evidence of willful noncompliance and persuade the court to impose meaningful consequences. At Klie Law Offices, our family law team has extensive experience pursuing and defending contempt actions in family courts throughout West Virginia and Ohio. Whether you need to hold the other party accountable or defend yourself against a contempt allegation, we provide the aggressive, detail-oriented representation these cases demand.

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Take Action When Court Orders Are Violated

If the other party is not following a family court order, you do not have to accept it. Contact Klie Law Offices to discuss your options with an experienced family law attorney, or schedule an appointment online. We serve clients from our offices in Buckhannon, Clarksburg, Morgantown, and Parkersburg in West Virginia, and Canton in Ohio.

Office Locations

Buckhannon

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21 E Main St, Suite 160
Buckhannon, WV 26201

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Parkersburg

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300 Star Avenue, Unit 312
Parkersburg, WV 26101

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Clarksburg

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339 W Main St
Clarksburg, WV 26301

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Morgantown

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1300 Fort Pierpont Dr, Suite
102, Morgantown, WV 26508

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Canton, OH

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4150 Belden Village St NW
Suite 606
Canton OH, 44718

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The first thing you’ll notice when you come to our Law Offices is that we’ll listen to your story. We want to know what you’re going through and what you need. Then, we’ll explain how West Virginia law applies to your specific situation and what your legal options are. There are no cookie-cutter answers here. We create a legal strategy tailored to each client’s individual needs.

Depending on your situation, we will find the right path forward. We are adept at resolving your legal matters through negotiation and mediation whenever possible. But we also won’t hesitate to take your case to trial if that’s what it takes to get the best possible outcome for you.

If you’re facing a legal challenge and need someone in your corner, don’t wait to get the help you deserve. Contact Klie Law Offices today to schedule a confidential consultation and take the first step toward a solution that works for you.

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