Contempt Of Court Lawyer Near Me

When a family court order for child support, spousal support, custody, or visitation is not followed, one party may seek to hold the other in contempt. A contempt of court proceeding can lead to fines, jail, or changes in custody arrangements. Law Offices Of SRIS, P.C. Concentrates its practice on family law matters across Virginia, including contempt defense and enforcement. Mr. Sris and the firm’s Of Counsel attorneys provide representation to individuals who have been accused of violating a court order or who need to compel compliance with one. To discuss your situation, contact our firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What Is Contempt Of Court in Family Law Matters?

In Virginia family law, contempt of court arises when a person willfully disobeys a valid court order. Common scenarios involve failure to pay spousal support or child support, refusal to comply with a custody or visitation schedule, or interference with the other parent’s court-ordered rights. The Virginia Code provides the legal framework for contempt proceedings. Under Va. Code § 18.2-456, a court may punish contempt by fine or imprisonment, and under Va. Code § 20-115, a court has specific authority to enforce its decrees in domestic relations matters.

Contempt can be civil or criminal. Civil contempt is remedial — the court may impose a sanction that ends when the party complies with the order. Criminal contempt punishes past disobedience and may result in a fine or jail sentence. In family law, show‑cause hearings are common: the party alleging contempt files a motion and the accused must appear and explain why they should not be held in contempt. Mr. Sris and the firm’s Of Counsel attorneys appear in Virginia Circuit Courts and Juvenile and Domestic Relations District Courts, where most family contempt matters are heard.

How Our Attorneys Handle Contempt Cases

Law Offices Of SRIS, P.C. represents both the moving party seeking to enforce an order and the individual defending against a contempt allegation. A thorough approach includes examining the underlying order for clarity and whether the alleged violation was willful. In many cases, the accused may have a valid defense — for example, inability to pay support despite good faith efforts, or a misunderstanding of custody terms. The firm’s attorneys work to present facts that may preclude a finding of contempt, argue for purge conditions that allow the accused to avoid jail, and, when appropriate, negotiate a resolution that keeps the matter out of a contested hearing.

For enforcement, the firm helps clients document non-compliance, file the necessary motions, and present evidence at a show‑cause hearing. Because contempt proceedings can move quickly and carry serious consequences, early legal guidance is important. To request a consultation about your contempt matter, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Frequently Asked Questions

What must be proven to hold someone in contempt for not paying child support in Virginia?

A court must find that the obligor had the ability to pay the ordered child support and willfully failed to do so. The moving party typically presents evidence of the support order, a record of missed payments, and facts suggesting the non‑payment was not due to involuntary financial hardship. The accused may defend by showing they made genuine efforts to meet the obligation despite circumstances beyond their control. The court’s focus is on ability to pay and willfulness, not merely on the fact of non‑payment.

Can I go to jail for contempt of a custody or visitation order in Virginia?

Yes, a court may impose jail for willful violation of a custody or visitation order if the contempt is deemed criminal or if civil coercion is unsuccessful. Courts prefer to use alternatives — such as make‑up parenting time or counseling — before resorting to incarceration. Jail is more common when the violation is flagrant, repeated, or involves parental kidnapping. Each case turns on the gravity of the conduct and the history before the court.

What should I do if I am accused of contempt in a family law case?

Contact an experienced family law attorney immediately and avoid speaking with the other party’s lawyer without your own counsel present. Do not ignore the show‑cause order; failing to appear can result in a bench warrant. Gather all relevant documents — pay stubs, bank statements, communication logs — that may support a defense or explanation. The firm’s attorneys can assess whether the order was clear and whether a good‑faith defense exists.

How quickly can a contempt hearing be scheduled in Virginia?

The timeline depends on the court’s calendar and the urgency of the allegations, but emergency motions may be heard within days. In Juvenile and Domestic Relations District Court, cases often move more quickly than in Circuit Court. If an immediate risk to a child exists, the moving party can request an expedited hearing. The firm can assist in preparing and filing the necessary motion to bring the matter before the court promptly.

Is it possible to purge contempt after a finding?

Yes, in civil contempt the court typically sets purge conditions — such as making a required payment or obeying the order for a set period — that, if met, end the sanction. Criminal contempt does not have purge conditions; it is punitive. An attorney can argue for reasonable purge terms that the accused can realistically satisfy, reducing the risk of jail.

Do I need a lawyer for a contempt proceeding in Virginia family court?

While you are not legally required to have a lawyer, contempt charges can result in jail time and lasting consequences, making experienced legal counsel extremely valuable. A contempt proceeding involves rules of evidence and procedure that are difficult to navigate alone. An attorney can evaluate defenses, negotiate with opposing counsel, and present your case effectively at a show‑cause hearing. The firm’s Of Counsel attorneys appear regularly in Virginia courts for contempt matters.

What happens if the other parent refuses to follow the custody order?

You may file a motion for a show‑cause summons, asking the court to hold the other parent in contempt. The motion should detail the specific provisions of the order that were violated and the dates of each violation. The court may order make‑up time, modify the custody arrangement, or impose sanctions. Documenting each violation thoroughly strengthens the petition.

How does a court calculate child support arrears in a contempt action?

The court looks to the existing support order, subtracts payments actually made, and applies any statutory credits or modifications. Virginia law under Va. Code § 20‑108.1 provides guidelines for support. The accused may challenge the arrearage computation if payments were applied incorrectly or if circumstances materially changed. Accurate financial records are essential.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris founded Law Offices Of SRIS, P.C. in 1997. A former prosecutor, he understands courtroom procedure from both sides and concentrates his practice on family law, criminal defense, and related matters. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), a bill concerning equitable distribution in divorce. The firm’s Of Counsel attorneys bring extensive experience in litigation and family law. Together, they represent clients in contempt proceedings throughout Virginia. To request a consultation, call (888) 437-7747.

Last reviewed: July 2026

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Virginia Code Title 18.2 – Crimes and Offenses Generally |
Virginia Code Title 20 – Domestic Relations |
Virginia Judicial System

Case results depend on a variety of factors unique to each case.