What Is Contempt of Court in Louisiana Family Law?
Fontenot Law handles contempt of court proceedings in Lake Charles and throughout Calcasieu Parish — representing both parties. In the family law context, contempt occurs when a party willfully fails to comply with a valid court order. Louisiana courts have broad authority to enforce their own orders, and a finding of contempt can result in fines, attorney fee awards, and in some cases, jail time.
Under Louisiana Code of Civil Procedure Article 224, constructive contempt — the type most common in family law — arises when a person intentionally disobeys a court order outside the courtroom. The key word is "intentionally." Genuine inability to comply is a defense; willful refusal is not.
Common Situations That Lead to Contempt in Family Court
- Child custody violations: A parent refuses to return a child at the end of their parenting time, denies the other parent court-ordered access, or takes the child out of state without permission.
- Child support non-payment: A parent fails to pay court-ordered support, makes partial payments only, or stops paying altogether.
- Spousal support non-payment: A spouse ordered to pay alimony stops making payments or falls significantly behind.
- Protective order violations: A party contacts or approaches another in violation of a restraining order issued by the court.
- Asset dissipation: A spouse transfers, conceals, or wastes community property in violation of an injunction during divorce proceedings.
- Visitation interference: A parent repeatedly schedules activities that conflict with the other parent's court-ordered time.
Court Orders Are Not Suggestions
- Both parties are legally bound to follow a court order regardless of personal disagreements
- If you are not receiving what a court has ordered, you have the right to seek enforcement
- Contempt actions work best when filed promptly after a violation occurs
- Delays can complicate enforcement and allow harmful patterns to become normalized
Filing a Motion for Contempt in Lake Charles
To initiate a contempt action in Calcasieu Parish, our firm files a rule to show cause — a motion asking the court to require the other party to appear and explain why they should not be held in contempt. The filing documents the specific violations and establishes that the non-complying party had knowledge of the order and the ability to comply.
At the hearing, the judge evaluates the evidence and determines whether contempt has occurred. If so, the court can order the non-complying party to pay arrears, cover the other party's attorney fees, pay a fine, or in cases of repeated willful violation, serve time in jail.
Defending Against a Contempt Motion
Not every alleged contempt violation is willful. Our firm defends clients who have a legitimate explanation for non-compliance. Common defenses include genuine documented inability to pay, ambiguity in the court order's language, a mutual informal agreement that was not formalized, or a contempt motion filed in bad faith.
Louisiana courts distinguish between civil and criminal contempt. Civil contempt is coercive — meant to compel compliance. Criminal contempt is punitive. The type alleged affects the procedure and the standard of proof. Our firm knows the difference and uses it in your defense.
Available Remedies in a Contempt Action
If the court finds contempt, remedies can include a judgment for unpaid support plus interest, an award of attorney fees and court costs, modification of the underlying custody or visitation order, suspension of the non-complying parent's visitation, court fines, or incarceration for willful repeated violations.
Serving Lake Charles and Calcasieu Parish
Our office is at 2706 Hodges Street in Lake Charles. We serve clients throughout Calcasieu Parish, including Sulphur, Westlake, DeQuincy, and Vinton. Call (337) 508-2627 or use the form on this page to speak with our team.
What Clients Say
Devin and his team were amazing. He explained every step of the process clearly, answered all my questions, and fought hard for our family. I could not have asked for better representation.
Professional, courteous, and works hard for clients. All matters were handled respectfully and we could not have had better outcomes.
Frequently Asked Questions
If your ex willfully violates a Louisiana custody order, you can file a rule to show cause in family court. If the court finds contempt, it can order make-up parenting time, require the other party to pay your attorney fees, impose fines, and in severe cases, modify the custody arrangement or order jail time for the non-complying parent.
Yes. A parent who willfully refuses to pay court-ordered child support can be found in contempt and sentenced to jail in Louisiana. Courts treat intentional non-payment differently from genuine financial hardship. If your circumstances have changed, the correct remedy is to seek a formal modification — not to stop paying.
To establish contempt, you generally need to show three things: a valid, clear court order existed; the other party had knowledge of the order; and the other party willfully failed to comply. Documentation — text messages, financial records, calendars, pickup logs — helps establish the pattern. Our firm helps clients gather and present this evidence effectively.
Civil contempt in Louisiana family law is designed to coerce compliance — the contemnor can purge the contempt by coming into compliance. Criminal contempt is punitive, meant to punish willful disobedience. The type of contempt affects the burden of proof and available remedies. Most family court contempt actions are civil in nature.
Sometimes. If the other party's non-compliance reflects a genuine change in circumstances — like a job loss affecting child support — a modification may be more appropriate than contempt. If the violation is willful and ongoing, contempt is the right tool. Our firm helps you evaluate which approach will be most effective for your specific situation.