Hingham, MA family law attorney James M. Lynch explains how the contempt filing process works in Massachusetts Probate courts. He remarks that contempt complaints are filed when there has been a disobedience of a court order. In Massachusetts probate and family courts, these orders are often temporary orders issued during the pendency of a case, or provisions within judgments after trial, or terms incorporated from settlement agreements. When any of these orders or provisions are violated, it constitutes a clear and unequivocal disobedience, prompting one party to file a contempt complaint.

There is no filing fee for the complaint itself, though there is a nominal $5 charge for the preparation and issuance of the summons that must be served on the other party. Contempt cases are typically expedited because they usually involve only one or two issues, and a hearing before a judge is often scheduled within about six weeks.

Some contempt violations can be cured—for example, those involving the payment of money can be resolved if the amount owed is paid before the hearing. Other violations, such as withholding children during another parent’s scheduled parenting time, cannot be undone. Regardless, the court generally provides a fairly quick decision on contempt complaints.