How Contempt Works in Tennessee

By Jedidah McKeehan

When someone refuses to follow a court order in Tennessee, one of the tools available to address that issue is filing a motion for contempt. But what exactly does that mean, and how does it work?

Being held in contempt of court means that a judge has found that a person has intentionally disobeyed a lawful court order. Contempt is a serious matter, and it is one of the few ways courts have to make sure that their orders are respected.

There are two main types of contempt: civil contempt and criminal contempt. Most cases involving people refusing to pay child support or not following a custody order fall under civil contempt. The goal of civil contempt is not to punish someone, but to make them comply with the order. A person can even be jailed until they do what the judge ordered them to do.

To prove contempt, the person filing the motion must show four things: 1) there was a clear and specific court order in place, 2) the other person knew about the order, 3) the other person had the ability to comply, and 4) they chose not to comply. That last part—ability to comply—is very important. A judge will not hold someone in contempt if they truly could not do what the order required.

Contempt hearings are held in front of a judge, not a jury. The judge will hear both sides, look at the evidence, and decide whether the other party should be held in contempt. If they are, the judge can order them to pay money, correct their behavior, or in some cases, serve jail time.

Filing for contempt is not something to be taken lightly, but sometimes it is the only way to get the other side to take a court order seriously. If you think someone is ignoring a court order that affects you, speak with your attorney about whether contempt is the right next step.

Jedidiah McKeehan is an attorney practicing in Knox County and surrounding counties. Visit attorney-knoxville.com for more information about this legal issue and other legal issues.