Sometimes getting another person to follow a court order becomes more difficult than you first imagined. Thankfully, there is a process adopted in the Oklahoma to work through those differences.
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Types of Contempt: In Oklahoma, contempt actions fall into two categories: direct and indirect. Direct contempt occurs in the judge’s presence, while indirect contempt involves willful disobedience outside the courtroom.
When to File: Contempt actions can be initiated in Oklahoma at any point to enforce court orders, covering various aspects like Property Division and Divorce Decrees, Child Support, Alimony, and Visitation Orders.
The Process: To start a contempt action, confirm a court order violation. Your attorney will draft an Application for Contempt, set an arraignment date, where the charged party pleads guilty or not guilty. If not guilty, bail is set, and a trial date scheduled. Guilty verdicts may result in fines, jail time, or both, along with potential garnishment of income and assets.
Defending Against Charges: Defense strategies may involve proving allegations false, demonstrating compliance, or arguing that the violation wasn’t willful disobedience. Consult with an attorney promptly, as imprisonment is a possible consequence.
Learn More: For additional insights into contempt actions in Oklahoma, refer to 21 O.S. Sections 565-567 below.
Contact us today for a free consultation concerning your contempt issue.
§ 565. Definition of Direct Contempt and Indirect Contempt
§ 565.1. Judge’s Power to Cite Contempt, Impose Censure – Notice and Opportunity – Sanction
§ 566. Punishment for Contempt – Failure to Comply Child Support and Other Orders
§ 567. Indirect Contempt – Notice – Trial by Jury – Appearance Bond
§ 567A. Violation of Child Custody Court Order – Defense – Emergency or Protective Custody
