Wisconsin Contempt Of Court 101
In Wisconsin, contempt of court is an act of disobedience or a willful violation of the express terms of a court order. An individual can also be found guilty of contempt if they have been ordered to act and then fail to do so, or if they are ordered not to act and do so anyway. When contempt of court occurs, very specific processes must be followed to ensure the proper legal proceedings are carried through. In Wisconsin , there are two main forms of contempt: civil and criminal contempt. Criminal contempt indicates the disobedience of a court order and is typically enforced through fines or incarceration (direct or stay-in-the-home sanctions). Civil contempt indicates that the contempt is remedied by compliance with a court order and can be enforced through the imposition of coercive sanctions or confinement (jail time) until compliance is achieved. Finally, someone who is disputing a finding of contempt has the right to review relevant court records (unless sealed) with a courtroom clerk when needed.
When Can You File For Contempt
Filing for contempt of court is often a step taken only when all other attempts at resolving a family law situation have been exhausted. In Wisconsin, there are multiple reasons that an individual might seek to file for contempt, but the general theme is always a failure to comply with a prior court order. Divorce and family law matters often involve multiple court orders regarding spousal maintenance, child support, property division, child custody, and physical placement. If one party feels that the other has violated one of these court orders, they may petition the court to hold the non-compliant party in contempt.
In Wisconsin, an individual can file for contempt with the court if the respondent (the non-filing party) failed to comply with the final judgment or family court order, and the contempt petition cannot be filed more than 5 years after the order was made. Notably, Wisconsin does not prohibit filing for contempt in cases where the acts in question occurred before the date of petitioning, so long as the current proceeding is based on an existing order of contempt for those acts. Essentially, as long as a party has filed for contempt within 5 years of the date of the current order, they can ask the court to enforce previous contempt orders as it relates to the underlying issues.
A few examples of what can lead to a petition for contempt include:
Keep in mind that even if a party can demonstrate that another has violated a court order, they are still required to demonstrate that it is within the power of the other party to comply with the court order in question.
Prepare For Filing For Contempt
Before filing for contempt, you will need to prepare the following:
- Proof of service of the financial disclosure statement or income and expense statement (if you did not go to court).
- Proof of receipt of the financial disclosure statement/income and expense statement by the other spouse.
- Proof of repeated non-compliance with the provision you are seeking to have enforced.
- Proof of any previous motions you filed to get the other person to comply with the provision at issue (if applicable).
It is also a good idea to make sure you have the following in order:
- A short (3-5 page) detailed chronological outline of the problem. This will help you if you end up testifying in court.
- An outline of your charges.
- Copies of the source documents you collected for your pricey elaborate outline.
- Any other supporting documents showing what the other person owed the date of separation and what they owe now.
- A statement as to why someone should believe what you say & copies of any federal income tax returns for you and the other party (if applicable).
- Summary of the case history (if needed).
- Federal discoverability summary.
- Chronological background of how the complex case came to be.
The Wisconsin Filing Process
Once you have determined that you would like to file a motion for contempt of court, you must decide whether to file in circuit court or family court. As a general rule, you should file in circuit court unless you are 100% certain that both you and the other party will appear at the scheduling conference (generally the scheduling conference is held the third or fourth Friday of the month at 9:00 a.m. in the circuit court), and it will be important to preserve your right to a jury trial. When filing in family court, the judge or referee will hear the matter in about 2-4 weeks, and you will not waive your right to a jury trial. However, if you file in family court before the Scheduling Conference on the first matter was heard, you may be ordered to pay the filing fee for the first motion if the judge decides the matter was not an emergency. Further, the amount of time you are given to prepare for the hearing will be shorter if the scheduling conference is held before your contempt matter is on the calendar.
The process for filing a motion for contempt is similar in either court. Once you determine what relief you would like to request, fill out a motion form and order to show cause. In addition, you must also file an Affidavit in Support of Motion for Contempt (you must file providing factual evidence to support your claim) and any other exhibits or arguments you believe will support your claim. You must then submit it to the court with proper filing fees. Most courts allow for parties to file a fee waiver form if there is significant reason to waive the fee (based on financial hardship). Further, all filings must be served on the other party (i.e., served by mail, a sheriff, a third-party process server, or a court official, such as a family court commissioner at the time of the scheduling conference) before or contemporaneously with the filing of the motion.
What Happens Once You File
Once a petition for contempt is filed in Wisconsin, the matter is typically scheduled for a hearing before a court commissioner.
A court commissioner is like a judge. The difference is that commissioners usually deal with family law matters in the court they are assigned to and judges do not. This difference is of practical importance because, according to a favorable study, as much as 40 percent of all family cases in Wisconsin are decided by commissioners and not judges.
The hearing before a commissioner is sometimes called a preliminary hearing. It is not a final hearing to determine whether contempt exists. However, related issues may be resolved at the initial hearing, such as spousal support or custody and placement.
Sometimes, the commissioner will ask the parties to agree upon a brief, limited schedule. For instance, the court may indicate that the contempt case will be set on a date certain, which is typically within 60 days to 180 days from the date the petition was filed.
If an agreement is not reached, the parties may have to file a motion with a brief in support of their motion. A schedule will then be determined by the commissioner, or the judge. Because the matters are often complex, the hearing usually lasts a half day, though a whole day may be necessary when the case is especially complicated . Finally, the commissioner may require submission of a custody study, if the contempt case involves a custody issue. That may require 90 days or longer before a hearing is scheduled.
But if a preliminary hearing is scheduled and the matter concluded, a finding of contempt may still be made, either at that point or a different day. A person can be held in contempt for failure to pay money (i.e. child support or spousal support.) A parent may also be guilty of contempt for failure to send the child on visits with the other parent. In such a situation, the contempt finding may provide for the parent to be forced to comply with the order to send the child to visit with the other parent.
The more serious possible consequence, when contempt involved other issues, is jail or imprisonment. For example, in 2013, a gentleman was convicted of contempt for failing to obey a court order "to refrain from the use of intoxicants." Though the conviction and jail sentence occurred in 2013, the charge was brought five years earlier as a result of a civil divorce judgment in 2008 – a sobering reminder that regardless of the length of time that has passed since the order or judgment; a party may petition to hold someone in contempt.
Getting Help With Filing
When it comes to filing for contempt of court in Wisconsin, having legal assistance can mean the difference between an iron-clad case and a failed motion. If you have any doubt that your ex-spouse will deny the existence of your modification, downplay the significance of their violations, or even attempt to make you look like the bad guy, you really need help from a lawyer. While it may seem like an easy process – simply filing the papers and showing up in court when told to do so – a relatively small misstep could prove catastrophic. For example, if you don’t sign the order as well – they won’t issue it. Wisconsin State at all levels has strict rules regarding motions, orders, trials, hearings and other actions. Failing to follow just one can mean disaster such as contempt of court finding for the spouse. An experienced family lawyer knows the ins-and-outs of the Wisconsin court system. They can navigate the myriad of required procedures efficiently, avoiding errors that may cost you more time and money later. Through expediency, they increase the chances that the judge will take action to help your case. The longer judges are sifting through paperwork without any clear direction, the more frustrated they become and the longer it takes to receive the results.
Contempt Filing Tips
Staying organized is paramount when seeking or defending contempt actions. Failure to keep receipts or failure to document a communication with the other party can turn out to be a fatal mistake. Keep all receipts and if possible, keep one file label with the date you are submitting the item for reimbursement, responsible for payment, etc. If you cannot provide the receipt at the time you are seeking reimbursement, submit a copy and indicate that a copy of the receipt will be provided by the time set for the next hearing date. If you are seeking to enforce payment of a court order, attach it to your motion or order to show cause so the Court knows what you are referring to when you ask the Court to hold the person in contempt. If needed, make use of a copy service and send a request for the request for the copy fees. Pay the fees if the Judge orders you to do so. If a hearing has been scheduled , wait for the hearing and only bring the information you require to be reimbursed or to respond to a contempt motion. If you have filed an order to show cause to be reimbursed and have not yet been heard in front of the Judge, refrain from sending reminders to the other party or their attorney. Too many reminders can undermine your position before the Court and instead, make it look like you are harassing the other party. However, if a deadline has passed and the other party has failed to comply with the terms of a stipulation or the Court order, you may want to remind them of the deadline and seek compliance. If you have trouble communicating with the other party, make a record of your efforts and provide them to the Court. Showing documentation can help the Court see that you have made reasonable attempts to resolve the issue. Similarly, parties must be careful not to directly communicate with a Judge or Court Commissioner. A party that directly communicates with a Judge or Commissioner may find that the Judge or Commissioner will disqualify themselves from that case.