Can I Be Found in Civil Contempt if Violation Occured PRIOR to Court Order?

[rob10873]

What is the name of your state? Maryland

Hi Gang - I just asked a different question about this same case, and I had one more general question.

I signed a separation agreement on 9/1/05. The agreement stated that I was not permitted to make a withdrawal from my 401K until the rollover of my wife's interest was complete. In November 2005, I made a withdrawal in violation of the agreement.

In June of this year, my wife's counsel filed a Petition For Constructive Civil Contempt, but when she attempted to have the Court issue a Show Cause Order, they refused to issue the order because the agreement was "not yet a court order." The agreement did not become a court order until the day of our divorce, 8/26/06. So, the attorney waited and re-filed, and I was served with the show cause order.

This may sound like a dumb question but, if the agreement was not a court order on the day I violated it, how can I be held in civil contempt? Do courts retroactively enfore such agreements to the original date of the agreement?

Confused,
Rob

 

[rob10873]

Wow, have I stumped the panel of experts on this one? LOL

Truthfully though, I appreciate the thoughts of anyone that will take a stab at this for me.

Thanks as always!

 

[BelizeBreeze]

You have a choice. Defend the contempt citation which you KNEW was a violation when it occurred or face a breach of contract lawsuit.

 

[shortbus]

Don't you have a lawyer?

The petition is for "constructive civil contempt". "Constructive" is a special legal term meaning "X didn't actually happen but we're going to treat the party as if it did". "Constructively evicted", "constructively fired", "constructive notice", etc.

So, probably the court has power to do what it's doing. It's not really civil contempt, for the reasons you stated, but they're going to treat you as if it was.

 

[rob10873]

Don't you have a lawyer?

The petition is for "constructive civil contempt". "Constructive" is a special legal term meaning "X didn't actually happen but we're going to treat the party as if it did". "Constructively evicted", "constructively fired", "constructive notice", etc.

So, probably the court has power to do what it's doing. It's not really civil contempt, for the reasons you stated, but they're going to treat you as if it was.

Wow, that's a handy little weapon for the State to have on their side..."You really didnt do it, but we are going to pretend you did."

I thought that "constructive" simply meant that the alleged contempt occured outside of the court's presence rather than in front of it.

No, I do not have an attorney. I am handling this on my own. The basic concept of an action being deemed "contempt" when it occured prior to the issuance of a court order just eludes me.

If a law was passed making it illegal to double-knot the laces in my shoes effective tomorrow, would I be held criminally liable for doing it today? It seems to be the same principle.

 

[shortbus]

"Under the Maryland Rules contempt is either criminal or civil in nature and is classified either as direct or constructive. A direct contempt means a contempt committed in the presence of the court or so near the court as to interrupt its proceedings. A constructive contempt means a contempt which was not committed in the presence of the court or so near the court as to interrupt its proceedings."