In Fauquier County, violating a custody order can lead to contempt proceedings under Va. Code § 20-107.3. Law Offices Of SRIS, P.C. has 73 documented case results in this jurisdiction. A Custody Contempt Lawyer Fauquier County can help you enforce your parental rights and hold the other party accountable.
Last verified: April 2026 | Fauquier County General District Court | Va. Code § 20-107.3 (official Virginia General Assembly)
Virginia law defines contempt of court as any willful disobedience of a court order. In family law, this most commonly involves violating custody or visitation orders. Under Va. Code § 20-107.3, which Mr. Sris personally amended, the court has broad authority to enforce its orders. A Custody Contempt Lawyer Fauquier County understands that contempt can be civil (coercive, to compel compliance) or criminal (punitive, to punish past violations). The Fauquier County Juvenile and Domestic Relations Court handles standalone custody contempt matters, while the Circuit Court handles contempt within divorce or equitable distribution cases. Founded in 1997 by former prosecutor Mr. Sris, our firm brings over 120 years of combined legal experience to these cases.
For custody contempt specifically, Virginia law requires the moving party to prove by clear and convincing evidence that the other parent willfully violated a specific court order. This is a higher standard than the preponderance of evidence used in most civil cases. The court may order makeup parenting time, attorney’s fees, or even jail time for willful violations. A custody order violation lawyer Fauquier County must be prepared to present evidence of the specific order, the violation, and the willful nature of the non-compliance.
Key legal resources for custody contempt in Fauquier County include:
- Va. Code § 20-107.3 (Equitable Distribution — personally amended by Mr. Sris)
- Fauquier County General District Court official website
Fauquier County Circuit Court handles all contempt matters related to divorce and equitable distribution. The Juvenile and Domestic Relations Court handles standalone custody contempt. The court requires specific pleading — a motion for contempt must detail the exact order violated and the specific acts of non-compliance.
- Document every instance of the violation with dates, times, and specific details.
- File a motion for contempt with the appropriate Fauquier County court (J&DR for custody, Circuit for divorce-related).
- Serve the other party with the motion and notice of hearing.
- Attend the show cause hearing where the court determines if contempt occurred.
- Present evidence of the willful violation and any harm to the child or parent.
- Request appropriate remedies: makeup parenting time, attorney’s fees, or sanctions.
In Fauquier County, custody contempt carries potential penalties ranging from makeup parenting time to jail time for willful violations.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Civil Contempt (First Violation) | Civil | None (coercive only) | Up to $500 | None | Makeup parenting time, attorney’s fees |
| Criminal Contempt (Willful) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None | Jail time, fines, loss of custody rights |
| Repeated Violations | Class 6 Felony | 1-5 years | Up to $2,500 | None | Potential loss of parental rights |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm has over 120 years of combined legal experience across Virginia, Maryland, DC, New Jersey, and New York. We have 4,739+ total documented case results with a 93%+ favorable outcome rate firm-wide. In Fauquier County, we have 73 documented case results across all practice areas with a 97% favorable outcome rate. Mr. Sris personally amended Va. Code § 20-107.3, the equitable distribution statute that governs property division and enforcement in Virginia family law. Our tagline is “Advocacy Without Borders.”
In Fauquier County, Law Offices Of SRIS, P.C. has 73 total documented case results across all practice areas with a 97% favorable outcome rate. Our firm-wide results include 4,739+ cases with a 93%+ favorable outcome rate across Virginia, Maryland, DC, New Jersey, and New York.
Results may vary. Prior results do not guarantee a similar outcome.
Our Fairfax Location
Our Fairfax location is approximately 35 miles from Fauquier County Circuit Court (6 Court Street, Warrenton, VA 20186), accessible via I-66 and Route 29.
Custody Contempt Lawyer near Fauquier County — serving Warrenton, New Baltimore, Bealeton, Marshall, and The Plains.
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Q: Can I go to jail for violating a custody order in Fauquier County?
Yes. Willful violation of a custody order can result in criminal contempt charges, carrying up to 12 months in jail and $2,500 in fines. The court considers the severity and frequency of violations.
Q: How long does a custody contempt case take in Fauquier County?
It depends. A show cause hearing is typically set within 21-60 days of filing the motion. Contested cases with evidence disputes can take 3-6 months to resolve fully.
Q: What evidence do I need for a custody contempt case?
You need the original custody order, documentation of the violation (texts, emails, calendars), witness statements, and proof that the other party knew about the order. Clear and convincing evidence is required.
Q: Can I get attorney’s fees paid in a custody contempt case?
Yes. Virginia law allows the court to award attorney’s fees to the prevailing party in contempt proceedings. The court considers each party’s ability to pay and the reasonableness of the fees.
Q: What is the difference between civil and criminal contempt in Fauquier County?
Civil contempt is coercive — the court orders compliance with the original order. Criminal contempt is punitive — the court imposes jail time or fines for past violations. Both can apply to the same case.