Criminal vs. Civil Contempt in VA

[RemitAdvice]

What is the name of your state (only U.S. law)? VA

At what point does non-payment of child support, when held in contempt, become criminal vs. civil?

I have repeatedly filed civil contempt against NCP for non-payment and he manages to purge it by the time he attends the hearing by making one, or even a partial, weekly payment close to the date.

What can I do to push for criminal contempt and stiffer penalties, such as license suspension or revocation? Or is this something the judge or CSE must do?

Thanks!

 

[BOR]

Generally, criminal contempt is DIRECT contempt, an action inside the courtroom or near it.

INDIRECT is usually Civil, an act of disobedience outside the court.

This analysis probably applies there, but I do not live in VA.

 

[RemitAdvice]

So even though there is a criminal statute for non-payment it's unlikely that it will be enforced? I can't foresee a direct action inside the courtroom occurring that would cause contempt...

I read that criminal contempt is used to punish an individual for failure to comply with a CO, and civil contempt is used to force a 'recalcitrant litigant' to comply with a CO.

So at what point does it become a criminal matter? Does the judge have to order it so? I cannot file criminal contempt charges, correct? Or, if I could, this would have to be done through the magistrate's office, correct??

Thanks again.

 

[BOR]

This is one statute I found: It is not in the penal/criminal law code though.



It may be a civil contempt if the act was outside the court?

I don't know when it can become criminal without further research, you can try the VA code online.