The power to punish for contempt of court is inherent in all courts and is essential to preservation of order in judicial proceedings. Contempt of court results from the willful disobedience of an order of the court. “A willful act is one which is ‘done voluntarily and intentionally with the specific intent to do something the law forbids, or with the specific intent to fail to do something the law requires to be done; that is to say, with bad purpose either to disobey or disregard the law.’ ” Widman v. Widman, 348 S.C. 97, 119, 557 S.E.2d 693, 705 (Ct. App. 2001).
The South Carolina family law court has the inherent power to punish for violation of its orders. See In Interest of Darlene C., 278 S.C. 664, 666, 301 S.E.2d 136, 137 (1983). "That power is essential to the preservation of order in judicial proceedings, and to the enforcement of the courts' judgments, orders, and writs and consequently to the due administration of justice." Id., see generally S.C. Code Ann. §§ 20-7-1330 through -1350 (Supp. 2009) (establishing broad contempt powers within the family court).
How Not to Act in the Courtroom
Rhoad made an obscene gesture to his trial counsel before leaving the courtroom. Rhoad was brought back into the courtroom and questioned about his actions. Rhoad first admitted he “might have flipped [trial counsel] off,” but then he denied that he did it. The judge took testimony from witnesses in the courtroom to confirm that Rhoad had in fact made an obscene gesture. Rhoad then informed the judge of his frustration with his trial counsel, and he apologized to trial counsel and the judge. The judge held Rhoad in contempt and sentenced him to one year imprisonment consecutive to his current sentence. Rhoad then exclaimed to the judge, “F**k you, you bastard.” The judge held Rhoad in contempt for that statement and sentenced him to another year consecutive to Rhoad’s current sentence.
The lesson is that no matter how emotional the situation, you had better behave in a South Carolina court or you will spend time in jail.
Failure to Comply with the Divorce Decree
In Davis, the court found the Husband in violation for failure to comply with the family court’s orders concerning the distribution of personal property, payment of Wife’s equitable share of the marital home, harassment, and communication with Wife about the children’s issues. Davis v. Davis
Failure to Comply with a Temporary Order
McFarlin, the court found the husband in contempt for not paying the
mortgage on the marital home despite his claims that he did not have the
financial ability to do so.
McFarlin v. McFarlin
NOTICE !!! ONLY AN ATTORNEY LICENSED IN YOUR STATE CAN PROVIDE YOU WITH LEGAL ADVICE
This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing South Carolina lawyers. Under no circumstance will South Carolina Divorce be held liable for any loss or damage caused by a visitor's reliance on information obtained through this web site or any other communication from us. It is the responsibility of each individual visitor to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content. This site is intended to provide you only with general information. However, there is no guarantee that this information is comprehensive or accurate. South Carolina Divorce does NOT provide legal, financial, or tax advice. Please consult a professional in these areas. Only an attorney licensed in your state can provide you with legal advice. Links and Ads to third party sites are here for the convenience of site visitors only. The content of any third party site which you visit via a link from this site is solely the responsibility of the provider of that web site.