Contempt Lawyer New Kent County — Defending Against Court Order Violations
If you are facing a contempt of court motion in New Kent County, you need a strategic defense. A contempt of court finding can result in fines, jail time, and a permanent court record. Law Offices Of SRIS, P.C.
Last verified: April 2026 | New Kent County General District Court | Virginia General Assembly
Understanding Contempt of Court in Virginia Family Law
Contempt of court is a legal finding that you willfully violated a clear and specific court order. In family law, this most often involves failing to pay court-ordered child support or alimony, violating custody or visitation schedules, or disobeying protective orders. The process for a contempt of court motion lawyer New Kent County begins when the other party files a “Rule to Show Cause” or a “Motion for Contempt” with the court that issued the original order.
The statutory authority for contempt proceedings in Virginia is found in Va. Code § 18.2-456, which outlines the court’s power to punish for contempt. In family law, specific statutes like Va. Code § 20-108 (child support enforcement) and § 20-107.3 (equitable distribution enforcement) provide the basis for contempt actions when their orders are violated. A finding of contempt is not a criminal conviction, but it is a serious civil matter with punitive consequences.
- Receive the Motion: You will be formally served with a Motion for Contempt or Rule to Show Cause, stating the alleged violations.
- File a Response: Your attorney will file a written response, challenging the allegations or presenting defenses like inability to pay.
- Attend the Hearing: A hearing is held in the New Kent County court that issued the original order (Circuit Court for support/equitable distribution, J&DR for custody).
- Present Evidence & Defense: Both sides present evidence. Your lawyer argues why your actions did not constitute willful contempt.
- Court’s Ruling: The judge decides if you are in contempt and, if so, determines the penalty or a purge plan to remedy the violation.
Potential Penalties for Contempt of Court
In New Kent County, a contempt of court finding can lead to significant penalties, including incarceration until the violation is corrected (“purged”), substantial fines, and payment of the other party’s attorney’s fees.
| Violation Type | Court | Potential Penalties |
|---|---|---|
| Failure to Pay Child Support | Juvenile & Domestic Relations | Jail up to 12 months; fines; wage garnishment; driver’s license suspension. |
| Violation of Custody/Visitation Order | Juvenile & Domestic Relations | Modified custody order; make-up visitation; fines; counseling order. |
| Failure to Pay Spousal Support | Circuit Court | Jail until payment is made (“purged”); lien on property; fines. |
| Violation of Property Settlement Order | Circuit Court | Fines; seizure of assets; payment of other party’s legal fees. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Approach to Contempt Defense in New Kent County
Founded in 1997 by former prosecutor Mr. Sris, our firm brings a combined 120+ years of legal experience to every case. Our approach to defending against a court order violation lawyer New Kent County allegation is proactive and evidence-based. We immediately work to gather documentation—such as pay stubs, medical records, or communication logs—that supports your position. We explore all defenses, including lack of willfulness, ambiguity in the original order, or the other party’s interference with compliance. Our goal is to resolve the matter without a contempt finding, often through negotiation for a modified order or a structured purge plan that the court will accept.
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Case Results and Client Advocacy
Our firm has a documented record of favorable outcomes in complex family law matters. In New Kent County, we have achieved results for clients facing enforcement actions. For example, we have successfully argued for dismissal of contempt motions where the original order was unclear, negotiated purge plans that avoided jail time for clients who fell behind on support due to unemployment, and defended against allegations of custody interference. Mr. Sris, the firm’s founder, personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), giving our team deep insight into the enforcement of complex family court orders.
Results may vary. Prior results do not guarantee a similar outcome.
Contempt Lawyer Near New Kent County
Our Richmond location serves clients throughout New Kent County, including New Kent, Providence Forge, and Quinton. We are accessible via I-64 and Route 33, providing representation close to the New Kent County Courthouse at 12001 Courthouse Circle.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr, Suite 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Contempt of Court Defense FAQs
What is the penalty for contempt of court in Virginia?
It depends. For civil contempt in family cases, the penalty is often designed to force compliance, like jail until you pay overdue support (“purge”). You can be released once you comply. The court can also impose fines and order you to pay the other side’s legal fees.
Can I go to jail for not paying child support in New Kent County?
Yes. If the court finds you in willful contempt for non-payment of child support, the judge can impose a jail sentence. However, if your failure to pay was due to an inability (like a medical disability or job loss) and not willful refusal, jail is less likely.
What should I do if I am served with a contempt motion?
Do not ignore it. Contact a contempt lawyer immediately. You have a limited time to file a written response. An attorney can help you gather evidence (like proof of payment attempts or job termination notices) to build your defense before the hearing date.
What are common defenses to a contempt of court motion?
Common defenses include: lack of willfulness (inability to comply), ambiguity in the original court order, the other party’s interference with your compliance, or that you have already complied with the order. A court order violation lawyer New Kent County can evaluate which defense applies to your case.
Can a contempt charge be removed from my record?
If you are found in contempt, it becomes part of the court file for that case. While it is not a criminal conviction, it is a public record. Successfully appealing the finding or having the judge “purge” you of contempt after you comply can affect how the record is viewed.
Related Pages: For other legal needs in the area, see our New Kent County criminal defense lawyer and New Kent County DUI lawyer pages. For more on family law statewide, visit our Virginia family law hub.
Page Last verified: April 2026. Laws and procedures change. For current advice regarding your contempt of court matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.