What Type of Proof Do I Need for a Contempt of Court Case?

When a person willfully disobeys a court order, a contempt of court motion may be filed to address the violation. In family law cases—especially those involving child support, custody, or alimony—contempt actions can be a way to enforce the original judgment. However, these cases hinge on the ability to present convincing proof that the other party knowingly violated the court’s directive.

Show the Existence of a Clear Court Order

The first and most essential piece of evidence is a valid court order. It must be clearly written and signed by the judge. The order should detail the responsibilities or obligations assigned to the person in question. Without this, the court cannot move forward with a contempt case. Make sure to present a copy of the original court document that clearly outlines what was required of the other party.

Prove That the Other Party Was Aware of the Order

To proceed with a contempt case, you must also prove that the person knew about the court order. This is often established through documentation showing that the order was properly served, discussed in court, or acknowledged in writing by the other party. If they attended the hearing or signed an agreement, that can be used to demonstrate they were fully aware of their legal responsibilities.

Provide Evidence of Non-Compliance

Next, it is necessary to show how the person failed to comply with the court order. This can include missed payments, ignored visitation schedules, or failure to follow parenting plans. Evidence might include bank records, messages, emails, or logs showing dates and missed obligations. The more detailed and consistent your records are, the stronger your case will be in showing that the violation occurred.

Prove the Violation Was Willful

Lastly, the court wants to see that the violation was intentional—not the result of confusion, hardship, or a misunderstanding. For example, if someone claims they couldn’t pay child support due to job loss, you would need to prove they had the ability to pay but chose not to. This might involve showing recent earnings, financial statements, or proof that they prioritized other expenses instead of fulfilling court-ordered duties.

Filing for contempt of court in Florida involves more than pointing out someone didn’t follow an order. You must present a well-documented case that shows a clear order existed, the person knew about it, they failed to comply, and they did so on purpose. The attorneys at Dunlop, Dunlop & Dunlop, P.A. in Winter Park are prepared to help clients enforce court orders and gather the necessary evidence to support their claims in court.