A custody order violation in Chesapeake can lead to serious consequences under Va. Code § 20-124.3. Law Offices Of SRIS, P.C. has 6 documented case results in Chesapeake. A Custody Contempt Lawyer Chesapeake can help you enforce your rights or defend against allegations. Contact us today.
In Virginia, custody contempt is governed by the court’s inherent authority to enforce its orders, specifically under Va. Code § 20-124.3, which outlines the best interests of the child standard. When a parent willfully disobeys a custody or visitation order, the other parent can file a motion for contempt. The court may impose sanctions including fines, makeup parenting time, or even jail time for willful violations. The standard for finding contempt is high; the court must find that the violation was willful and not due to circumstances beyond the parent’s control. This is distinct from a simple modification of custody, which requires a showing of a material change in circumstances. A Custody Contempt Lawyer Chesapeake understands these nuances and can build a case based on the specific facts of your situation.
Last verified: 2026-04 | Chesapeake General District Court | Va. Code § 20-124.3 (official Virginia General Assembly)
For more information on Virginia’s custody laws, review the official statute at Va. Code § 20-124.3 (official Virginia General Assembly). You can also find court procedures and forms on the Chesapeake General District Court website.
In Chesapeake Juvenile and Domestic Relations Court, judges often expect a clear pattern of willful disobedience before finding contempt. A single missed visitation due to illness is rarely enough. The court will look at the totality of the circumstances, including any attempts by the violating parent to communicate or make up for the missed time.
- Document every violation with dates, times, and any communication (texts, emails, voicemails).
- File a Motion for Contempt with the Chesapeake Juvenile and Domestic Relations Court.
- Attend a preliminary hearing where the court will set a date for a full evidentiary hearing.
- Present your evidence of willful violation at the hearing. The burden of proof is on the party alleging contempt.
- The court will issue a ruling, which may include sanctions, makeup parenting time, or a modification of the custody order.
In Chesapeake, a finding of contempt for a custody order violation can result in fines, jail time, and mandatory makeup parenting time.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Willful Violation of Custody Order | Civil Contempt | Up to 10 days (per instance) | Up to $1,000 | None | Makeup parenting time; potential modification of custody order; attorney’s fees |
| Repeated Willful Violations | Criminal Contempt | Up to 12 months | Up to $2,500 | None | Jail time; loss of custody; criminal record |
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. has been defending clients since 1997. Our combined attorney experience exceeds 120 years, and we have achieved 4,739+ documented case results firm-wide. Our founder, Mr. Sris, a former prosecutor, personally amended Va. Code § 20-107.3, the equitable distribution statute. This deep understanding of Virginia family law gives our clients a significant advantage. Our team, led by Samantha Powers, brings a case-specific approach to every custody contempt matter.
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Law Offices Of SRIS, P.C. has 6 total documented case results across all practice areas in Chesapeake, with a 100% favorable outcome rate. Firm-wide, we have achieved 4,739+ case results with a 93%+ favorable outcome rate across VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not guarantee a similar outcome.
Our Richmond location is accessible via I-64 and serves clients at the Chesapeake courts (307 Albemarle Drive).
If you need a custody order violation lawyer Chesapeake or a contempt of custody order lawyer Chesapeake, we are here to help.
We serve the neighborhoods of Chesapeake, Deep Creek, Great Bridge, and Greenbrier.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
Toll-Free: (888) 437-7747 | Local: (804)201-9009
7400 Beaufont Springs Dr, Ste 300, Rm 395, Richmond, VA 23225
By appointment only.
Q: Can I go to jail for violating a custody order in Chesapeake?
Yes. A willful violation of a custody order can result in a finding of civil or criminal contempt, which may include jail time up to 12 months for repeated violations.
Q: What is the first step to file for contempt in Chesapeake?
The first step is to file a Motion for Contempt with the Chesapeake Juvenile and Domestic Relations Court. You must provide evidence of the willful violation.
Q: How long does a contempt hearing take in Chesapeake?
It depends. A preliminary hearing may be set within 21-60 days of filing. A full evidentiary hearing for a contested contempt case can take 3-6 months.
Q: Can a custody order be modified after a contempt finding?
Yes. A finding of contempt can be a significant factor in a custody modification case. The court may change the primary custodial parent if it is in the child’s best interest.
Q: What is the difference between civil and criminal contempt in Virginia?
Civil contempt is coercive, intended to force compliance with a court order (e.g., makeup parenting time). Criminal contempt is punitive, intended to punish past willful violations and can include jail time.
Related Pages:
- Virginia Family Law Lawyer
- Henrico County Family Law Lawyer
- Chesterfield County Family Law Lawyer
- Criminal Defense Lawyer Chesapeake
- DUI Lawyer Chesapeake
Last verified: 2026-04. Laws change; contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.