Hingham, MA family law attorney Kimberley Keyes explains what a party must prove for a finding of contempt in a MA divorce. She mentions that in Massachusetts, for a finding of contempt, the court must determine that there has been a clear disobedience of a clear and unequivocal court order. The standard of proof is “clear and convincing evidence,” which falls between the “preponderance of the evidence” standard and the higher standard of “beyond a reasonable doubt.”

Proving contempt, however, can be challenging. A party may lack the ability to comply with the order, and the court must be satisfied that the individual had both the ability to comply and failed to do so. Additionally, some court orders are not entirely unequivocal and may be subject to differing interpretations, which can make it more difficult to establish contempt.