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When a court issues an order in a divorce case, that order must be followed “to the letter” by the parties involved; abiding the order isn’t “optional” for the parties. Failure to follow the terms of an order can lead to severe consequences, including incarceration. If a judge finds that a party has failed to follow a certain order, that judge can hold that party in contempt of the court. When a party is found in contempt of court, all sorts of unpleasant ramifications can unfold. Incarceration is just one of the possible repercussions of being found in contempt of court; paying a hefty fine is another, and there are others as well.
Because the implications of a contempt of court finding are so serious, judges must adhere to certain rules when they make these findings and impose punishments. If a judge improperly makes a contempt of court finding, that finding can be overturned.
In the case of Hencken v. Hencken (2020), a wife who has slapped with a contempt of court finding ended up having that finding overturned. Let’s go over this case in detail.
Facts of the Case
The spouses in this case had minor children during the divorce, but the biggest battle was actually fought over personal property. The husband wanted to keep certain pieces of personal property in the property division process – a Civil War sword, several paintings, and a gold ring. Ultimately, the husband ended up receiving those items in the divorce judgment. However, after the judgment was entered, the wife failed to transfer possession of the items to the husband. The husband petitioned the court to find the wife “in contempt” because of her failure to transfer over the items. A hearing was held, and the judge ended up finding that the wife was indeed in contempt of court because of her actions.
Prior to the hearing, the wife was presented with a “show cause order,” which is part of correct procedure when a contempt hearing is about to take place. But, even though the wife received the show cause order, the judge failed to ask her certain questions during the hearing. Specifically, the judge failed to ask if her decision to proceed without an attorney was made “knowingly and voluntarily.” Because of this procedural defect, the wife argued that the contempt finding should have been thrown out.
Outcome & Discussion
Ultimately, the wife was successful in arguing that the procedural defect rendered the contempt finding unsustainable. Again, given what is at stake with a contempt finding, Maryland law insists that all procedural steps be followed, no matter how small or seemingly insignificant those steps may be. In this case, the judge failed to ask specific questions which the wife was entitled to, and this ended up rendering the contempt finding void. This shows the importance of knowing every procedural step and requirement when it comes to sustaining a finding of contempt of court.
Even if a Maryland judge makes a contempt finding, there is still the possibility that the finding may be overturned for whatever reason. This is another reason why having a competent attorney is so vital.
Contact the Murphy Law Firm for Additional Information
If you would like more information on contempt of court, or another related topic, reach out to one of the leading family law attorneys at the Murphy Law Firm today by calling 240-219-5243.
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