Contempt Motions

Contempt Motions

Contempt Motions Attorney in Toledo, Ohio

When a court issues an order in a family law case, that order is not optional. Each party is legally obligated to follow the terms set by the court, whether they involve child support, parenting time, spousal support, or other requirements. When someone fails to follow a court order, the consequences can be significant and long-lasting. At the Law Office of Attorney David Shook, we represent clients throughout Toledo, Ohio, who need to enforce a court order through a contempt motion or who have been accused of contempt and need strong legal defense. With more than 34 years of family law experience, Attorney Shook provides steady guidance during these high-stakes situations and helps clients navigate the legal process with clarity and confidence.

Our firm offers support in all areas of family and protective law, including custody, child support, divorce, protection orders, and enforcement actions. Contempt cases frequently arise when one party is not meeting their obligations or is intentionally ignoring an order. These matters often involve tense situations, complex emotions, and urgent needs. We understand how important it is to restore order and ensure compliance, whether you are seeking enforcement or defending yourself against allegations.

Attorney David Shook is licensed in Ohio, Michigan, and the federal courts for the Northern District of Ohio and the Eastern District of Michigan. As a longtime member of the Toledo Bar Association, the Ohio State Bar Association, and the State Bar of Michigan, he brings deep regional knowledge and extensive courtroom experience to every contempt case. Whether your issue involves parenting time, financial support, or violations of a divorce decree, our firm takes a thorough and strategic approach to protect your rights.

Understanding Contempt Motions in Ohio Family Law

A contempt motion is a legal action filed when one party believes the other has violated the terms of a court order. Family law cases rely heavily on courts to resolve disputes, establish financial responsibilities, and create parenting arrangements. If one party chooses not to follow those terms, the court has the authority to step in and enforce compliance.

Contempt motions may be filed in cases involving:

• Failure to pay child support
• Failure to pay spousal support
• Denying court-ordered parenting time
• Refusing to follow a custody or shared parenting agreement
• Withholding a child from the other parent
• Violating a divorce decree or separation agreement
• Ignoring court-ordered property division
• Not following the terms of a protection order
• Failing to meet deadlines ordered by the court

To be successful, a contempt motion must show that:

  1. A clear court order was in place
  2. The other party had knowledge of the order
  3. The party failed to comply
  4. The failure was willful and without legal justification

Attorney Shook helps clients prepare strong contempt filings supported by evidence, documentation, and clear presentation of the facts. We understand what courts look for when determining whether a violation occurred and how serious it is.

Common Examples of Contempt in Toledo Family Law Cases

Family law cases often involve long-term orders and ongoing obligations. As a result, violations can occur for many different reasons. Some of the most common situations we handle include:

Failure to Pay Child Support

If a parent does not pay child support as ordered, the recipient parent may file a contempt motion to compel payment. Courts take child support very seriously, and enforcement actions may include wage withholding, payment plans, and reimbursement of arrears.

Failure to Pay Spousal Support

Spousal support orders are legally enforceable. Failure to pay can lead to fines, income garnishment, and possible jail time in extreme cases.

Denial of Parenting Time

When one parent refuses to allow the other parent their scheduled parenting time, the denied parent may seek enforcement. Courts may order make-up parenting time or impose additional penalties.

Violating a Shared Parenting Plan

Shared parenting agreements often include detailed provisions regarding decision-making, communication, and the child’s routine. Violations can disrupt the child’s stability and lead to contempt proceedings.

Unauthorized Relocation

Moving a child without required notice or permission violates the court order and may be grounds for contempt.

Violating Terms of a Protection Order

Whether intentional or accidental, contacting a protected party or violating restricted conduct may result in contempt and criminal charges.

Our firm helps clients evaluate whether contempt is the appropriate legal step and prepares the necessary documentation to move forward.

Filing a Contempt Motion in Toledo

When you work with the Law Office of Attorney David Shook, we begin by reviewing the existing order, gathering documentation, and evaluating the seriousness of the violation. Evidence may include:

• Payment records or bank statements
• Text messages, emails, or call logs
• Witness testimony
• Police reports or incident documentation
• Calendars, journals, or parenting logs
• Communications with the other parent
• Records of missed parenting time

Once sufficient evidence is gathered, we prepare and file the contempt motion with the appropriate court, typically the Lucas County Domestic Relations Court. A hearing is then scheduled, during which both parties can present evidence and testimony.

Our goal is always to present a clear and compelling case to show the violation was willful and that court action is necessary to resolve the issue.

Defending Against a Contempt Motion

Being accused of contempt can be extremely stressful. The consequences can be serious, ranging from fines and attorney fees to jail time in severe cases. Many people feel blindsided when served with a contempt motion, but it is important to remember that you have the right to defend yourself and explain your situation to the court.

There are many reasons a person may not have complied with an order, including:

• Job loss or financial hardship
• Medical issues or emergencies
• Misunderstandings about the order
• Communication errors
• Lack of clarity in the original order
• Transportation issues
• Safety concerns involving the child
• Interference by the other parent

Attorney Shook thoroughly reviews the facts, identifies legitimate defenses, and develops a strategy to present your position clearly. We may work to negotiate a compliance plan, resolve misunderstandings, or present evidence showing an inability rather than a refusal to comply.

Our goal is to help the court understand your situation and avoid unnecessary or unfair penalties.

Potential Penalties and Remedies in Contempt Cases

If the court finds a party in contempt, it has broad authority to impose penalties and create remedies designed to correct the violation and prevent future issues. Penalties may include:

• Fines
• Attorney fee reimbursement
• Make-up parenting time
• Wage garnishment
• Payment plans for support arrears
• Orders to complete parenting classes or counseling
• Probation
• Jail time in severe or repeated cases

The court may also modify certain terms of the order if it finds that the violation has disrupted the child’s stability or placed the other party at a disadvantage.

Attorney Shook works to ensure that the remedies pursued or imposed reflect the seriousness of the situation without creating excessive burdens on either party. Our firm seeks fair, reasonable outcomes that support long-term stability and compliance.

Contempt and Co-Parenting Challenges

Family law disputes often continue long after a divorce or custody order is entered. Sometimes, one parent repeatedly disregards the court’s instructions, creating instability or frustration for the other parent and the child. Contempt motions can help restore order and clarify expectations.

At the same time, contempt motions must be used carefully. They are powerful tools, but using them too aggressively can escalate conflict. Attorney Shook helps clients evaluate when contempt is necessary and when alternative solutions may be more productive.

Why Choose the Law Office of Attorney David Shook for Contempt Matters

Clients throughout Toledo choose our firm because we provide:

• More than 34 years of family law experience
• Calm, strategic guidance during high-conflict situations
• Strong advocacy in Lucas County Domestic Relations Court
• Thorough case preparation and evidence review
• Honest advice about the likelihood of success
• Experience representing both petitioners and respondents
• A steady, client-focused approach to resolving disputes

Our firm understands that contempt motions are about restoring respect for the court’s orders and ensuring that families can function with stability, predictability, and fairness.

Helping You Move Forward

Contempt motions are not simply punitive. They are designed to promote accountability and ensure that both parties follow the court’s instructions. When a court order is ignored, it affects more than the adults involved. It affects the child’s schedule, stability, and sense of security.

Whether you need to enforce a court order or defend yourself against contempt allegations, the Law Office of Attorney David Shook can help you understand your options, protect your rights, and move forward with a resolution that supports your family’s needs.

Contact a Contempt Motions Attorney in Toledo, Ohio

If you are facing a contempt issue in Toledo or the surrounding Northwest Ohio area, Attorney David Shook is ready to help. We handle both enforcement and defense with a focus on clarity, preparation, and effective advocacy.

Call us at (419) 779-2027 or use our online form to schedule a consultation. Our firm is committed to helping you regain control and restore compliance with the court’s orders.