The Rule To Show Cause (“Rule”) is indispensable in domestic relations cases to deal with an opposing party case who refuses to comply with a court ordered obligation. A Rule can remedy a situation where a party subject to a court order refuses to fulfill court ordered obligations such as a failure to abide by a court ordered obligation to do or not engage in specific conduct (e.g. failure to abide by a custodial schedule and/or behavior related to a child or pay spousal or child support or pay off debt, etc).
Specifically, a spousal support, child support, custody or visitation award contained in a court order can be mandatory until modified. If the opposing party (the spouse or ex-spouse or other parent) defaults on the terms of the order (e.g., payments stop arriving or arrive in the wrong amount) the aggrieved party may petition the court for a Rule to issue. The Petition, filed under oath, is the basis of the action and informs the court of the defaulting party’s non-compliance and request that the court use its power to ultimately enforce the support order by having the offending party held in contempt.

Upon a properly filed petition, the court will usually issue the “Rule to Show Cause” commanding the defaulting party to appear at a scheduled court hearing and demonstrate why he or she should not adjudged to be in contempt and then compelled to comply to take or not take certain action. If the court finds that the defaulting party willfully violated the court’s order, he or she may be deemed in contempt of court. If held in civil contempt, the offending party may be fined or even be jailed until he or she fulfills his or her obligations as set forth in the court’s order. The Court may also compel the offending party to pay the aggrieved party’s attorneys fees and court costs.

Typically, the object of a petition for RTSC in a domestic relations case (divorce, child support, spousal support, custody, visitation, division and/or disposition of property etc.) will be to have the offending party held in civil contempt until he or she complies with the terms of the court’s order. The court’s action is not deemed a punishment but rather a remedy to ensure compliance with the court order. Thus, in civil contempt proceedings, the “keys to the jailhouse are in the hands” of the offender as compliance with the court order will free them from confinement. Criminal contempt works differently and is likely to be used to punish an offender for a past violation of a court order rather than to compel him or her to comply with a current support obligation or other court-ordered mandate.

It is important to consult an attorney rather than attempt to petition for a Rule To Show Cause on your own. The process is somewhat complicated in terms of procedure and substance, for example, providing proper notice of the action to appropriate parties and distinguishing between legal nuances such a civil and criminal contempt. Additionally, the rules of court, rules of evidence, and standards to demonstrate willful violation are strict. However, a successful RTSC can provide relief and act as a deterrent to the other party for future non compliance.

As Loudoun County VA divorce lawyers and family law attorneys, the Law Office of William R.F. Conners, P.C., is practiced in complex divorce, custody and other family law cases including many different civil contempt proceedings. The content of the above article is intended to provide general information about a legal topic but, as each litigant’s case is unique, it should not be construed as legal advice.