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One issue that comes up frequently for family law 和 divorce attorneys, especially here in the Piedmont Triad, is what happens if the opposing party does not follow an 订单 issued by the court. After spending your time 和 money, the court issues an 订单 in your case directing both you 和 the opposing party to follow its terms. But what if the opposing party does not obey the terms of the court 订单? Court 订单s are serious business 和 must be followed. If the other party in litigation does not follow the court 订单, you can file a motion to hold the disobedient party in contempt.

例如, the Guilford County District Court Judge issues an 订单 requiring Tammy to pay $250 a month in child support to Matt (names are hypothetical). For the first two months, Matt pays child support as 订单ed. Then he stops paying child support altogether. Tammy can file a motion to hold Matt in contempt because he is not obeying the terms of the court 订单. 

There is a distinction between criminal contempt 和 civil contempt. Criminal contempt includes a broader range of actions that constitute contempt, whereas civil contempt consists of failing to comply with the terms of a court 订单. The sanctions available for criminal 和 civil contempt are fairly similar in their variety 和 severity.

To demonstrate the broader range of actions that constitute criminal contempt, here are some examples of criminal contempt: 

1. “Willful behavior committed during the sitting of a court 和 directly tending to interrupt its proceedings.

2. Willful behavior committed during the sitting of a court in its immediate view 和 presence 和 directly tending to impair the respect due its authority. 

3. 不服从, 抵抗, or interference with a court’s lawful process, 订单, 指令, or instruction or its execution.”

In comparison, civil contempt consists of failing to obey a court 订单.

根据N.C.G.S. §5A-21, “failure to comply with an 订单 of a court is a continuing civil contempt as long as: 

1. The 订单 remains in force;

2. The purpose of the 订单 may still be served by compliance with the 订单;

3. The noncompliance by the person to whom the 订单 is directed is willful; 和

4. The person to whom the 订单 is directed is able to comply with the 订单 or is able to take reasonable measures that would enable the person to comply with the 订单.”

因此, as long as the four requirements listed above are met, the court has the ability to impose sanctions for civil contempt. The court has a number of options available to correct the contempt, but three are most common.

1. Order the disobedient party to serve time in jail, usually 1 - 30 days

2. Order the disobedient party to pay money owed.

3. Order the disobedient party to pay your attorney fees.

If the opposing party fails to correct the contempt, he or she will remain under continuing civil contempt until they do so. Civil contempt sanctions remain in effect until the disobedient party complies with the court 订单. Our family law 和 divorce attorneys have experience with motions for contempt 和 dealing with the sanctions that may follow.