“A finding of contempt and the imposition of a jail sentence must be supported by clear and convincing proof that (1) [the party in question] knew what was required, (2) that he had the ability to comply, and (3) that he willfully and knowingly failed and refused to do so.” It is not the burden of the party requesting the order to show cause to prove these three elements. Rather, once an order to show cause is issued, “the burden is on the defendant to present evidence with respect to these three elements,” and as to “why he [or she] should not be held in contempt for willfully disobeying the previous order of the court.” In addition, “[i]t is only after defendant presents evidence of justification for his failure to perform that the burden shifts back” to the party requesting the order to show cause. Moreover, if payment of some kind was previously ordered by the court, there is a rebuttable “presumption that [the party defending the order to show cause] had the ability to pay . . . as ordered by the court . . .” See Coleman v. Coleman, 664 P.2d 1155, 1156-57 (Utah 1983).

Defending An Order to Show Cause

For those being accused of noncompliance with a court order you may successfully defend such an action if you are able to show that you were unable to comply. However, inability to comply with an order will only be a successful defense if:

““The defense of inability to comply with a court order is only effective where the person charged exercises due diligence towards compliance.” NOTE: In light of Coleman, if inability to comply is going to be part of the defending party’s defense to an order to show cause, the defending party must present evidence that they “exercised due diligence toward compliance,” in order to shift the burden of proof back to the party bringing the order to show cause.

Ogden Utah Family Law Attorney

For help in bringing an order to show cause, or in defending one, call and speak to an Ogden Utah Family Law Attorney at 801.475.0991.

The post Legal Standards and Defenses for Contempt on Domestic Orders appeared first on Ogden Divorce Lawyer.

Order to Show Cause

The primary legal tool to hold the other party accountable when they are not meeting their obligations under the divorce decree or custody order is an order to show cause. Through a motion for order to show cause, the other party will be required to appear and show cause if any why they should not be held in contempt or why a further order or judgment should not be entered against them. If the other party does not show up to the hearing and they were properly served with notice, the judge or commissioner will hold them in default on the issue in most cases. The key to remember here is you have tools available to you to make sure the decree of divorce is followed to the letter. Nobody can simply walk away from their support or custody obligations. If the other party appears at the hearing and denies the allegations in your motion, you may have an evidentiary hearing where you can put on witnesses and evidence to prove your claims.

Defending an Order to Show Cause in Ogden

If you have been served with an order to show cause, you should most certainly hire a lawyer. If you are held to be in contempt on any issue you run the risk of being sentenced to jail by the judge, at least for a couple days. Don’t take any chances, if you have been served on an enforcement action, call us right away to get started on your defense. Speak with an Ogden Utah family law attorney at our law firm now to ensure you get the best possible resolution to your case.

The post Enforcing Your Divorce Decree in Utah appeared first on Ogden Divorce Lawyer.