Contempt of court in Oregon can come about in different ways. There are two distinct types of contempt in Oregon, several contexts in-which they can come about, and there are multiple ways our firm can help you either file a contempt action or defend you from a contempt allegation.
As you can imagine, judges in Oregon demand that parties subject to the Court’s jurisdiction comply with court orders and judgments. Contempt of Court is when one or more parties willfully disobeys a court order or judgment. If a party is found in contempt, the Courts can order fines, attorney fees, compensation for damages, and even probation and confinement (aka incarceration or jail).
Punitive Contempt of Court in Oregon
Punitive contempt of court is defined by ORS 33.015(3). ORS 33.155 further clarifies that contempt of court actions apply to “apply to every court and judicial officer of this state, including municipal, county and justice courts.” Most often, contempt actions will be filed in the Oregon State Circuit Courts based on an order or judgment originating from a state circuit court.
Punitive contempt actions can result in “confinement.” This means jail time, and this penalty is what distinguishes them from remedial actions. ORS 33.065 limits the filing of punitive contempt actions to a city attorney, district attorney, or the Oregon Attorney General. What this means is that you can’t file a punitive contempt action on your own, but a city or state attorney may do so.
ORS 33.045(2)(b) states that “Punitive [confinement] is for a definite period that will not be reduced even if the defendant complies with the court’s order or judgment.”
Remedial Contempt of Court in Oregon
Remedial contempt of court is defined by ORS 33.015(4). As mentioned above, ORS 33.155 further clarifies that contempt of court actions apply to “apply to every court and judicial officer of this state, including municipal, county and justice courts.” Also as mentioned above, contempt actions will most frequently be filed in the Oregon State Circuit Courts based on an order or judgment originating from a state circuit court.
Remedial contempt actions are often filed as enforcement mechanisms. For example, if you have a child or spousal support award and your ex-spouse is not complying with payment obligations, you may be able to have the Court hold them in contempt. Similarly, if you have a parenting time order, and the other parent is not complying with it’s terms, you may be able to have the Court hold the other parent in contempt to remedy the situation.
Remedial contempt actions are different from punitive contempt actions in that they can be filed by a private party or retained attorney. This means that you can file one yourself, or you can hire an attorney to help you.
There Must Be A Willful Violation Of A Court’s Order
The Oregon Court of Appeals has held that– to prove contempt– the State or moving party must establish the existence of a valid court order, the defendant or respondent’s knowledge of that order, and the defendant or respondent’s willful noncompliance with that order. “Willfully,” for purposes of contempt of court, means engaging in conduct intentionally and with knowledge that the act or omission was forbidden conduct.
How Can Our Firm Help You With A Contempt Matter In Oregon?
If you are looking to file a contempt action in a domestic relations matter (e.g. divorce or family law case) to enforce a court order or judgment, we can help you. As mentioned above, these can be powerful tools to enforce divorce judgments, child custody orders, support judgments, and parenting time orders.
If you are the target of either a punitive or remedial action, you should contact an attorney as soon as possible to attempt to come into compliance and mitigate damages or possible penalties. Our firm can help with this as well.
If you would like to schedule a consultation at a minimal fee, please contact our office.