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When a family dispute ends up in court, emotions often run high as by this point all other options to find a resolution have failed. One thing that you do not need to add to your troubles is to be found in contempt of court, as this can cause further problems down the line.
Contempt of court refers to behaviour that undermines or prejudices court proceedings and interferes with the administration of justice, or creates a real risk of that happening.
It is important that everyone involved in a family law case knows what contempt of court is and how to avoid falling foul of it – including your friends and family. Do not be tempted to ask them to post details of your case to social media, or share information about any children subject to the proceedings. It now also covers what authorised journalists sitting in on cases can and cannot publicly report on.
A helpful guide on contempt of court and the use of social media can be downloaded here.
During the court hearings
Contempt of court can occur when someone interferes with the court rules and process. As soon as you step into a court building there are certain rules and protocols to follow. For instance, you are not allowed to take any photographs, recordings or videos whilst in the building, and especially not in the courtrooms when a hearing is taking place. A controversial figure in the public eye was recently found in contempt for filming parties to a case outside a court building and posting it online.
Additionally, you must always behave appropriately when at a court hearing and remember to be respectful to court staff, including the judge, and anyone else involved in your case. In family matters it is normal and expected for emotions to run high and for parents to react emotively. However, behaving in a repeatedly rude, aggressive or disrespectful way during a hearing, especially when given prior warnings, can land you in contempt of court. Be mindful not to swear in court. It should go without saying that being violent towards anyone during a hearing will most certainly end in contempt proceedings, and possibly other orders against you.
When entering a court building, there should be notices up which prohibit taking photographs or making a recording. However, it is likely that you will be nervous about attending court and it is easy to miss all the various notices and warnings when you are trying to focus on a million other things. The court staff who you meet when entering the court building will not, and are under no duty to, explain how you should behave and what might be construed as contempt of court. It is, therefore, a very good idea to speak to your legal advisors about it well in advance.
Once you have the court order(s)
Contempt of court also occurs when someone wilfully disobeys a court order. In the context of family proceedings, contempt usually happens when one party breaches a court order by doing, or not doing, something the judge told you to do. This can have far-reaching consequences for all parties involved, including you and any children.
These orders can relate to various aspects of family life, including:
Typical contempt situations in family court proceedings can include:
Whether knowingly or not, if you are found to be in contempt of court you will need to take specialist legal advice on what to do. The penalties can be severe and the court has a broad discretion in what punishments to hand out.
Possible consequences could include:
To eliminate the risk of being found in contempt of court you should:
During the court proceedings
Once you have the court order(s)
There is always room for human error and it is easy for some things to slip your mind but, when it comes to obeying court orders, a belts and braces approach is key:
Seeking legal advice on your court case and orders will give you clarity and this ensures that you will be reminded of when something has to be done, so you do not breach court deadlines.
If you are in the middle of family court proceedings and are being accused of breaching an existing order, or if you just want to make sure that you are obeying a court order, we can assess the situation and advise you on the best course of action.
For further information, please contact Hannah Byatt in the family law team on 01733 822 800 or email [email protected].
Hannah Byatt BA (Hons), Partner
Partner - Team Leader Family
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