Filing a Rule Show Cause motion is used to enforce a Family Court Order. So if a party purposefully violates a court Order, the family court can hold that party in contempt. Consequently, the alleged party has to appear in court and explain their actions. For example, failure to pay child support / alimony or denying visitation are typical issues. However, before filing this Rule Show Cause motion, the parties should try to work things out on their own first. After all, the last place you should want to be is in court facing an angry judge. Trust us on this point.
Rule Show Cause Hearing
During a Rule to Show Cause proceeding, allegations are not enough to prove your claim. Rather, you need actual (physical or visual) evidence of the violation(s). As a result, most bring witnesses and affidavits of other individuals to prove their case. Following a hearing, a judge will then find whether the court Order has been followed. If not, sanctions are available to punish bad behavior. In addition, subsequent violations will get you into even more trouble, including possible time in jail. While most folks simply follow the rules, sometimes high emotion and bad choices put others back in court. Just don’t let this be you. Even when your ex-spouse behaves badly, you stay focused and out of trouble.
Willful Contempt of Family Court
If a judge finds a contempt of a court Order occurred, he/she must then decide whether the party’s violation was “willful” or “not willful.” Hence, in willful contempt cases, a party intentionally violated a court Order. Consequently, a judge can impose sanctions/penalties on that party. In addition, the judge may also order the offending party to pay the other’s related attorney fees. Although sanctions can differ from county to county, the family court judge has the ultimate say on sanctions. But be sure that family court judges know how to get people’s attention for bad conduct. Just like my dog Roo.
Under South Carolina law, sanctions range from one year in jail, a $1,500.00 fine, community service, or a combination. Therefore, if a judge finds willfulness, they can impose any combination, or all, of these sanctions. So don’t take chances and follow all court Orders. Otherwise, bad things can and will happen.
Non-Willful Contempt of Family Court
Unlike willful contempt, a party here did not purposely violate the court Order. Rather, the party accused could not control the situation that led to the violation. For example, after losing a job or moving, a parent could not pay or return the child on time. As a result, a judge might find the violation was not willful. However, the judge will remind both parties they must follow all Orders in the future. In addition, both parents have to give their best efforts to comply and work together. After all, the whole point of divorce was to lower stress and strife. Right?