Contempt of Court in Ohio
Contempt of court in Ohio is a mechanism by which a judicial officer enforces the orders and judgments issued by the court. As a legal process, contempt allows a court to sanction an individual for disobeying an order. This includes the assessment of a fine or even incarceration for the individual who is determined to be in contempt. Contempt in Ohio may be classified as either civil or criminal contempt. While the same action may constitute both civil and criminal contempt, the punishment and procedures for each are different and distinct. O.R.C. 2705.02. In essence, contempt of court in Ohio involves a willful failure to obey a lawfully issued court order. Direct contempt occurs within, or in the immediate view and hearing of, a court. The command of the court must be mandatory rather than discretionary in nature. Curtis v. McCarty (1994), 93 OH St. 3d 5, 12, 752 N.E. 2d 640 , 648. It is punishable by injunction, fine, or incarceration. The sanctions for contempt serve both remedial and punitive purposes. Certiorari is not an available remedy in a contempt case. Curtis v. McCarty (1994), 93 OH St. 3d 5, 752 N.E. 2d 640, 644. In circumstances involving criminal contempt, the punishment is intended to punish the person who, despite having been ordered by the court to do something, willfully refuses. Criminal contempt is not sanctioned to correct the contempt. This includes individuals who do not comply with child visitation or support orders, or laws such as mandatory child seat requirements. A person may file for contempt in Ohio under the following circumstances: Contempt in Ohio is initiated by filing a motion for contempt with the court, along with a service of a notice of contempt hearing upon the individual who is alleged to be in contempt.
Ohio Grounds for Filing Contempt
In order to file for contempt of court in Ohio, a party must have an existing court order that must be followed, and the other party must have failed to obey the order. The Ohio statute outlining contempt of court (Ohio Revised Code section 2705.02) states that "contempt of court" is "Misconduct of persons in relation to a court of justice, or in relation to a judicial officer, or in relation to a proceeding therein." Examples of contemptuous behavior include a failure to comply with child support orders, a failure to comply with discovery or other court orders during litigation, refusing to follow a divorce decree, destroying property, alienation of affection, harassment or intimidation of another party or in some cases even making false accusations in court.
How to File a Motion for Contempt
As always, we begin by looking to the rules. In Ohio, contempt is addressed in R.C. § 2705 and also in local rule and form. Locally, we have a Contempt Rule and Form to guide us through the process. The basic procedure for filing a contempt motion in Ohio is as follows:
Preparation
The first step in filing a motion for contempt is to examine the order you believe has been violated to ensure that it is clear, specific, and unequivocal. If it is not, it may need to be modified so that it is a clear and specific order with consequences for violating the order stated.
The next step is usually to consult with an Ohio attorney who specializes in this area of the law. There are many defenses to contempt and defenses are often more obvious after having worked with the client to make a factual and legal assessment of where the parties stand.
Additionally, you must gather every document or detail related to the contempt. You should be able to present compelling documentation or evidence that the other party has violated the court’s order.
Filing
The following documents must be completed before filing a contempt motion:
You will also need to include payment of the $75.00 filing fee. The Motion and Affidavit should be filed with the court, and copies served on the other party and to the Custody Department if including a Request for Allocation of Parenting Time.
After Filing the Motion
The Court will schedule a hearing, which will be held before a Judge or Magistrate.
Court Hearing and Potential Outcomes
Court hearings in the Ohio Court system typically last about 30 minutes and are conducted just like any other "trial" before a judge. At the beginning of the hearing, the court will generally receive all of the evidence that is necessary to create a complete record that will allow the judge to determine whether or not a contempt of court finding is appropriate. Usually, this procedure is done through testimony, but often at the contempt hearing, there can be a great deal of documentary evidence which the parties wish to submit. After all the evidence is submitted, the Court will rule upon whether or not a contempt has occurred.
In domestic relations cases, courts do have discretion on how severe the penalties shall be for any contempt finding. The most often used penalties are:
Each of the above penalties are discretionary with the court and there is no statute or rule which declares what the penalty for such contempt should be. However, it is rare for courts to order the jail time as a punishment for contempt of court in domestic relations cases where the party in contempt is simply not complying with the Court’s order. If the contempt is more serious, such as where a party has stolen children from a residential parent without the permission of the Courts or the Court’s Orders – many judges will make the offending party spend a minimum of thirty to sixty days in jail as a "wake-up" call for the offending party in the case to obey the applicable orders of the Court.
In any event, after the Court enters its orders and/or findings on contempt , the offending party will be given the opportunity to cure the contempt. In other words, the party will be given an opportunity to purge his/her contempt by doing what he/she was supposed to do under the applicable Court Orders. For example, an offending party, who failed to pay a support related obligation or who failed to provide the court with certain required information, would be given the opportunity to purge himself/herself from that contempt by paying what is owed or providing the necessary information to the court that was previously requested.
If the offender does not purge himself/herself of the contempt – that is, if the underlying action is not made right – the party can be held in an indirect or civil contempt of court which is enforceable by an attachment to jail where the court has the discretion of ordering up to a six month period of jail time. In addition to the jail time enforced, the court can also impose monetary sanctions in the form of attorney fees if the party found in contempt has incurred any additional costs or legal fees due to the contempt.
Judgments in contempt must be journalized by the clerk of courts of the appropriate Court in Ohio. Simply because a party is held in criminal contempt or is sentenced to jail time by the Court does not necessarily mean that a writ of attachment will be immediately issued out of the clerk’s office. In some cases, the party’s jail time is suspended if the contempt can be purged. In other cases, the Court will keep the sentencing of the accused party in abeyance until after all appeals of the judgment and final orders.
Obtaining Legal Counsel
When dealing with legal matters, such as contempt of court proceedings, it is always best to seek legal counsel. Filing a contempt of court motion in Ohio is complex and can carry deep implications for all involved. An attorney who specializes in your relevant area of law can help you assess whether filing contempt is in your best interests, or if you’re better served by another legal approach. Additionally, if your motion is well-founded and granted, your attorney can represent you before the judge to ensure that your position is adequately presented and your rights protected.
A lawyer can also help you determine the nature and extent of the violation of the previous court order or judgment, ensuring that you approach the situation with the necessary documentation and supporting evidence. For example, if you are trying to collect child support or spousal support and the other party is in arrears, your attorney can help you determine whether the other party is capable of making timely payments. If so, they can submit a motion for contempt and request that the court issue a bench warrant for the other party, compelling them to appear before the court. If the other party can’t afford to make full payments, your attorney can help you negotiate an alternative, potentially less costly solution that will allow the court order to be brought back into compliance moving forward.
There are many resources available for those seeking legal assistance in Ohio. The Ohio State Bar Association has a "Find a Lawyer" portal on its website, which allows for easy search by location and area of expertise. Alternatively, many state and local bar associations maintain attorney directories for this purpose, as well as other resources to help the general public navigate the legal system. If you do not have sufficient financial resources to retain an attorney, you can turn to your local Legal Aid Society chapter, which may offer pro bono services.
Avoidance and Obedience
While this article is focused upon the enforcement of Ohio contempt of court proceedings as a punishable avenue, the best way to avoid such proceedings is to ensure compliance with all existing court orders. Gone are the days where an individual could simply disregard a court order (as the court might hold that individual in contempt for refusing to obey a court order, even if that person subjectively believes that the order was entered improperly). Therefore, he or she must be proactive in ensuring that all family court orders are followed in their entirety. This includes situations, such as the following, when: 1. A specific parenting time schedule is in place because of the parties’ shared parenting plan/parenting time order. This schedule must be followed. 2. A specific amount of child support, alimony/spousal support, and/or dividing of marital debts is entered in writing by way of court order . Such order cannot be disregarded or modified without appropriate court intervention. 3. Both parents live in Ohio and one parent receives a raise at work, resulting in his or her income being higher than the other parent’s income. Even with that disparity, the amount of child support and related child support deductions must be equal (or very similar) in both parents’ income checks, thus avoiding contempt of court proceedings. All court orders must be followed at all times, which includes but is not limited to the following: 1. Custody and visitation of children 2. Payment of child support and alimony/spousal support (and payment may only be withheld for a short period of time in cases of job loss. Even in those circumstances, unpaid support can only be withheld until the obligor becomes current on the order) 3. Payment of a specific bill or division of expenses (i.e. payment of medical bills for the child)