Civil Contempt of Court

Civil contempt is when a movant asks the Court to hold another in violation of a court order. To establish a prima facie case of civil contempt, the complaining party must prove (1) the contemnor’s obligation to perform or refrain from an action as required by the decree; and (2) the contemnor’s failure to meet the Court ordered obligation. A contemnor may defend against charges of civil contempt by saying that he/she was unable to comply with the requirements of the Court’s Order and his/her inability to comply was not the consequence of his/her own intentional and contumacious conduct.
If the Court finds that the contemnor is indeed in contempt of court, then litigation sanctions or even jail time may be implemented. Furthermore, the complaining party’s attorney’s fees incurred in conjunction, filing, and prosecution of the contempt motion may be awarded by the court.
Although it seems axiomatic that Court orders should always be followed, people do not always take that to heart. Many child support or child custody decrees and/or parenting plans are not always observed, necessitating contempt proceedings. It is also not uncommon that a party may violate a court’s temporary restraining order or preliminary injunction, thus warranting a contempt order.

Related Articles

Tortious Interference: “Improper Means”

August 23, 2023

Tortious interference with business expectancies or contractual relations claims are difficult to make. Tortious interference in Missouri has five elements: (1) the plaintiff was involved in a valid business relationship; (2) the defendant was aware of that relationship; (3) the defendant intentionally interfered with that relationship, inducing its termination; (4) the defendant acted without justification; and…

Read More

Abandoned Pleadings

August 2, 2023

Once a pleading — whether it be a petition, answer, etc. —  is amended the prior iteration of the pleading is considered “abandoned.” Unless the subsequent pleading adopts or incorporates the contents of a prior pleading, the abandoned pleadings is largely irrelevant. In no uncertain terms, Missouri courts have described it as a “mere scrap…

Read More

Appealing Dismissals Without Prejudice

July 28, 2023

The default rule is that only judgments on the merits or dismissals with prejudice may be appealed. Dismissals without prejudice mean that the litigant can re-plead and pursue the claims; so, the court of appeals is often reluctant to touch a dismissal without prejudice until the trial court had made a final decision. To that end, there…

Read More

Strict Construction, Implied Authority to Act as Attorney-in-Fact

July 14, 2023

Power of attorney instruments are “strictly construed.” In re Estate of Lambur, 397 S.W.3d 54, 65 (Mo. App. S.D. 2013). While the definition of strict construction varies depending on who you ask, most agree that it calls for a more narrow, literal interpretation of a document. A strict construction, though, does not preclude “implied authority to…

Read More
Scroll to Top