Oklahoma law provides that if a party to a court order does not comply with the court order, they may be held in contempt of court. The law that provides for contempt citations in Oklahoma is Title 21 of the Oklahoma Statutes. Specifically, Section 21-566 provides for the punishment of direct or indirect contempt, including the non-payment of child support.
The punishment for contempt of court in Oklahoma can vary depending on the severity of the violation. However, possible penalties include a fine or even jail time. It is also common that a a parent’s custodial rights may be impacted if a corresponding custody modification results from the violation of the court order.
To file a contempt application in Oklahoma one must:
- Identify the court order that has been violated. The first step is to make sure that there is an existing court order that has been violated. This could be a child support order, a visitation order, or any other type of court order.
- File an Application for Contempt. Once you have identified the court order that has been violated, you need to file an Application for Contempt with the court. The forms relating to many common contempt actions, as well as more helpful information, may be found online HERE. After the application is filed with the Court Clerk, a citation for contempt, along with the application for contempt, will need to be presented to the Court for review and signature. The matter will also need to be set for hearing at that time.
- Serve the Application for Contempt on the other party. Once you have filed the Application for Contempt, you need to serve it on the other party. Additional information on service of process may be found on OSCN.net.
- Attend the hearing. Once the other party has been served, a hearing will be conducted. At the hearing, the court will determine whether the other party has violated the court order and, if so, what the appropriate sanctions should be.
Here are some additional tips for filing a contempt application in Oklahoma:
- Be sure to include all of the relevant information in your Application for Contempt, such as the date and time of the court order, the specific terms of the order that were violated, and any evidence that you have that the other party violated the order.
- If you are representing yourself, you may want to consult with an attorney to ensure that your Application for Contempt is properly filed and served. Many attorneys will review documents for a set fee.
- Be prepared to attend the hearing and present your evidence to the court. Be on time and dress appropriately.
It is important to note that the specific procedures and penalties for contempt citations may vary depending on the court and the circumstances of the case. If you believe that another party has violated a court order, you should contact an attorney to discuss your options.
If The Smith Firm can assist with your family law issue we may be reached at (405) 843-1000, or contact us at www.thesmithfirm.net.