Contempt Of Court Lawyer New Kent County, VA

Reviewed by Mr. Sris, Owner and Founder Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York

Practicing since 1997

Last reviewed: July 2026

When a family court order is not followed, the person who fails to comply may face contempt proceedings. In New Kent County, contempt arises most often in divorce, child support, spousal support, and custody cases. A court can enforce its orders through civil or criminal contempt under Virginia law. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and his Of Counsel represent individuals responding to show cause summonses, defending against allegations, or seeking enforcement of an existing order. The firm’s Richmond location serves clients throughout New Kent County, including the communities of New Kent, Providence Forge, and Quinton. To discuss your situation with Mr. Sris and his Of Counsel, call (888) 437-7747.

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What Contempt of Court Means in New Kent County Family Law Cases

Contempt of court in Virginia is governed by Va. Code § 18.2-456 and, in family law matters, by the enforcement provisions of Title 20. A party may be held in contempt for failing to obey a court order, interfering with the administration of justice, or acting disrespectfully toward the court. In New Kent County, family law contempt actions typically stem from unpaid child support, missed spousal support payments, violations of custody or visitation schedules, or refusal to transfer property as directed in a divorce decree. The New Kent County Juvenile and Domestic Relations District Court handles contempt matters involving support and custody, while the New Kent County Circuit Court has authority over contempt related to equitable distribution, spousal support under a final decree, and divorce enforcement.

When a party alleges non-compliance, they file a petition for a rule to show cause. The court then issues a show cause summons requiring the alleged contemnor to appear and explain why they should not be held in contempt. The proceeding is quasi-criminal in nature; the accused has the right to notice, an opportunity to be heard, and the assistance of counsel. Depending on the circumstances, contempt can be civil—designed to compel future compliance—or criminal, intended to punish past disobedience. A finding of contempt may result in sanctions that include fines, payment of the other party’s attorney fees, a compensatory award, or even incarceration. The specific consequences depend on the nature and willfulness of the violation.

Frequently Asked Questions

What is contempt of court in a Virginia family law case?

Contempt of court occurs when a person willfully disobeys a court order or disrupts court proceedings. In family law, common examples include failure to pay child support, refusal to comply with a custody schedule, non-payment of spousal support, or failure to transfer assets as ordered in a divorce. The court has broad authority to enforce its orders and maintain the integrity of the judicial process. A contempt finding can carry serious consequences, so anyone facing a show cause summons should seek advice from a family law attorney immediately.

What is the difference between civil and criminal contempt in Virginia?

Civil contempt aims to compel compliance, while criminal contempt punishes past disobedience. A civil contempt sanction typically ends when the individual complies with the order (for example, by making overdue child support payments). Criminal contempt is punitive, imposed for conduct that has already occurred, and may include fines or jail time. In New Kent County, both forms can arise from the same conduct, and the court determines which sanction is appropriate after a hearing.

What can happen if I am found in contempt for failing to pay child support in New Kent County?

A finding of contempt for unpaid child support can result in fines, a money judgment for arrears, attorney fees, and possible jail time. The Virginia Department of Social Services’ Division of Child Support Enforcement may also take administrative actions such as intercepting tax refunds, suspending licenses, or reporting to credit agencies. The J&DR Court has the authority to enforce support orders and may impose increasingly severe sanctions for repeated non-compliance. A lawyer can present evidence of a change in circumstances or inability to pay and help negotiate a purging provision that allows the contemnor to avoid jail by making specified payments.

How does a contempt proceeding start in New Kent County?

A contempt proceeding begins when the aggrieved party files a petition for a rule to show cause with the clerk of the court that issued the original order. The court then issues a show cause summons and sets a hearing date. The summons must be served on the alleged contemnor, who must appear at the hearing. At that hearing, the moving party presents evidence of the violation, and the court determines whether contempt has occurred and, if so, what remedy is appropriate.

Do I need a lawyer if I am accused of contempt in a custody matter?

You are not legally required to retain a lawyer, but being represented by an experienced family law attorney is strongly advisable. Custody contempt allegations can affect your parental rights and relationship with your child. A lawyer can evaluate the strength of the evidence, help you prepare a defense, seek a purging provision, and protect your interests. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel handle custody contempt proceedings in New Kent County and can review your options with you.

Can contempt charges result in jail time in New Kent County?

Yes, a finding of criminal contempt can result in incarceration. Under Va. Code § 18.2-456, the court may impose a jail sentence upon a finding of criminal contempt. Even in civil contempt, the court can order confinement as a coercive measure until the violator complies with the original order. Jail time is more common in cases involving repeated, willful disobedience. The judge considers factors such as the nature and duration of the violation, the ability to pay, and any good-faith efforts to comply.

What should I do if I receive a show cause summons?

Read the summons carefully, note the hearing date, and contact a family law attorney immediately. Do not ignore the summons. Gather all documents related to the underlying order, any payments made, or communications with the other party. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel can help you understand the allegations and prepare a response. The sooner you involve counsel, the greater your opportunity to resolve the matter favorably.

How can a lawyer help with a contempt case?

A lawyer can challenge the sufficiency of the evidence, present mitigating circumstances, negotiate a resolution, or seek a purging provision. If you are the one seeking enforcement, an attorney can ensure the petition is properly pleaded and that all procedural requirements are satisfied. Mr. Sris and his Of Counsel draw on their experience in New Kent County courts to handle contempt matters efficiently. For a confidential discussion of your case, call (888) 437-7747.

Is contempt the same as a new criminal charge?

Not exactly. Contempt of court is a separate legal proceeding, but criminal contempt carries many of the same protections and potential consequences as a criminal case. In a criminal contempt proceeding, the accused is entitled to notice of the charges, the right to counsel, and the right to present a defense. The burden of proof is beyond a reasonable doubt. Unlike a new criminal charge filed by a prosecutor, contempt is initiated by the court or by the opposing party and is directly tied to the enforcement of a court order.

How long does a contempt case take to resolve in New Kent County?

The timeline depends on the court’s calendar, the complexity of the allegations, and whether the matter is contested. Once a show cause petition is filed, the court typically sets a hearing within a few weeks. If an evidentiary hearing is needed, the case may require additional time. Some contempt matters resolve quickly through agreement or purging payment. Your attorney can provide a realistic estimate after reviewing the specifics of your case.

Can contempt be purged by complying with the original court order?

Yes, in civil contempt cases the court often allows the contemnor to purge the contempt by performing the required act. This may mean paying overdue support, returning a child, or signing a document. Once compliance is shown, the contempt sanction terminates. Purging provisions are a key strategy in civil contempt proceedings, and an experienced attorney can help craft a payment plan or compliance schedule that the court will accept.

What are the defenses to a contempt allegation?

Common defenses include inability to comply, lack of willfulness, ambiguity of the underlying order, or procedural defects in the show cause process. A person who genuinely cannot pay support because of job loss or illness may avoid a contempt finding if the evidence is properly presented. Challenging the clarity of the original court order or demonstrating that the accused made substantial good-faith efforts to comply can also be effective. Each case is fact-specific, so a thorough review of the record is essential.

About Mr. Sris and His Of Counsel

Law Offices Of SRIS, P.C. has been serving clients in Virginia since 1997. Mr. Sris, Owner and Founder, is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He and his Of Counsel handle family law contempt proceedings in New Kent County, the firm’s Richmond location serving New Kent, Providence Forge, and Quinton. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). The firm’s approach emphasizes careful preparation and clear communication. To request a consultation with Mr. Sris and his Of Counsel, contact (888) 437-7747.

Additional Resources

For more information on Virginia law governing contempt:

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