Contempt of Court

 

Columbia, TN | Franklin, TN Attorney Defending and Prosecuting Contempt

 

A Petition for Contempt is an enforcement action that is brought by an individual seeking to enforce a Court Order.  The most common areas that Contempt proceedings arise in are Child Support and Alimony obligation cases.  A Contempt proceeding is a very serious matter as a possible punishment of contempt can include jail time. 

 

Misty D. Parks has over 10 years of experience in handling Petition’s for Contempt in the Franklin, TN, Columbia, TN, Davidson County, TN and surrounding Middle Tennessee area Courts.  To discuss whether you should pursue filing a Petition for Contempt or how best to defend yourself against a Petition for Contempt you may contact Misty D. Parks at (615) 255-9155 or you may Click Here to leave a message that will be promptly returned.

 

Criminal Contempt vs. Civil Contempt

 

A motion or petition for Contempt is an action brought by one party against another party to enforce a Court Order.  In Tennessee there a two different types of contempt of court: 1) Criminal Contempt; and 2) Civil Contempt.  Depending on the particular situation there are advantages and disadvantages to each different type of contempt proceeding. 

 

Misty D. Parks is an attorney practicing in Columbia, TN and Franklin, TN both defending and prosecuting contempt petitions.  You may contact Ms. Parks at (615) 255-9155 to discuss the details of your situation or you may click here to send a message that will be promptly returned.

 

In a Criminal Contempt proceeding the prosecuting party must prove beyond a reasonable doubt that the other party is willfully and wantonly failing to follow a court order.  Just like in a criminal arrest, the defendant has the same constitutional rights against self-incrimination and will be entitled to receive representation by an attorney and one will be appointed if they cannot afford one.  If a party is able to prove their case, then the Court may sentence the offending party may be fined, incarcerated, or both fined and incarcerated for up to ten (10) days in jail for each count of contempt and may order that the sentences run consecutively, meaning one after the other, for a period not to exceed one hundred and eighty (180) days.  Criminal Contempt is punitive in nature, and even if a party later attempts to comply with the court order, they may be sentenced to jail time for their prior contempt of court.

 

Civil Contempt requires a lesser burden of proof than Criminal Contempt, in that a party must prove that the other party is willfully and wantonly failing to comply with or follow a court order by a preponderance of the evidence.  In Civil Contempt, the “defendant holds the keys to the jail.”  This means that in a Civil Contempt proceeding, the offending party may be able to purge themselves of contempt, that is resolve the issue of contempt by doing what they were ordered to do.  Civil Contempt is remedial, rather than punitive, in nature so a party may be sentenced to an indefinite period of time in jail, but they would be released immediately upon their compliance with the court order or purging themselves of contempt.  Additionally, a party successfully bringing a Civil Contempt proceeding may be entitled to an award from the Court for their attorney’s fees incurred in the action and generally the defending party will not be entitled to an appointed attorney unless facing incarceration.

Columbia, Tennessee Criminal & Civil Contempt Attorney | Lawyer for Civil & Criminal Contempt Franklin, TN

Whether you need help in bringing a Petition for Contempt or defending yourself against a Petition for Contempt, Misty D. Parks is an experienced and knowledgeable attorney practicing primarily in Columbia, Franklin, and Nashville, TN.  You may call Ms. Parks at (615) 255-9155 to discuss how best to handle your Contempt situation or you may Click Here to leave a message that will be promptly returned.

Serving clients in Williamson County, Franklin, Tennessee Fairview, Tennessee Spring Hill, Tennessee Brentwood, Tennessee Maury County, Tennessee Coulmbia, Tennessee Mt. Pleasant, Tennessee Davidson County, Tennessee Nashville, Pulaski TN, Giles County, Tennessee Waynesboro, TN Wayne County Hickman County, Tennessee Centerville, Tennessee Lyles, Tennessee Lewis County, Rutherford County, Tennessee Murfreesboro, Tennessee Smyrna, Tennessee Sumner County, Tennessee Gallatin, Tennessee Dickson County, Tennessee Dickson, Tennessee Tennessee Hohenwald, Tennessee Perry County, Tennessee Linden, Tennessee Bedford County, Tennessee Shelbyville, Tennessee Marshall County, Tennessee Lewisburg, Tennessee Burns, Tennessee Robertson County, Tennessee Springfield, Tennessee and Giles County, Tennessee Pulaski, Tennessee Misty D. Parks would be happy to serve you as well.

By Misty D. Parks