Hingham, MA family law attorney Jason V. Owens details the grounds for being held in a contempt in a MA divorce case. He mentions that in Massachusetts family law cases, courts generally consider three factors when determining whether to find someone in contempt for violating a court order.

First, the court looks for a clear and unambiguous order, meaning the defendant had notice of what they were required—or prohibited—to do. Second, the court examines whether there was a clear and intentional violation of that order. Third, the court considers whether the defendant had the ability to comply. For instance, if someone loses their job and cannot pay child support, the court may find they lacked the ability to comply, even though the order itself was clear.

He notes that the consequences of a contempt finding in Massachusetts are significant. A person found in contempt can be ordered to pay the plaintiff’s legal fees, and the court can issue orders to correct the problematic behavior. Because of these serious implications, avoiding contempt is crucial.