My ex husband should have returned the kids back to me on Wednesday per the court order at 10:00am. The night before he refused to return the kids and said he will return them on Friday at 6:00pm
We we will filing a contempt of court on monday as the Judge is on vacation.
What is the penalty for not returning the children?
A mandatory $2500 fine.
Life imprisonment
1,000.00 or 5 days in jail or both. Recently there has been an amendment that allows the complainant to be reimbursed for attorney fees. Sounds fair if you haven't spent tens of thousands of dollars getting the orders.
The penalty for criminal contempt in the state of New York will vary depending on what degree it is. The sentences can run from one year in jail to as much as seven years in prison.
Contempt of court as regards custody is considered a change of circumstance resulting in a change of custody.
Yes. Contempt of court is a tool for a judge to force compliance with the judge's wish. Generally once you do what the judge wants, the contempt charge will be dismissed. Incidentally, in many states Contempt of Court is the only crime with no maximum penalty. You can spend the rest of your life in jail one day at a time.
"Subpoena" means, literally, "under penalty" (Latin sub poena). In law it refers to an order to appear or suffer a penalty for contempt of court.
Insufficient information is given in the question, however- as a general statement: If the divorce awarded your husband exclusive right to the marital home - and you have failed to vacate it - you are in contempt of court. Your penalty could be whatever the judge decides is appropriate to get you to comply with his order. It is possible that you might receive punitive measures up to and including even being jailed for an "attitude adjustment."
The death penalty
It can depend - either a monetary fine, time in jail. or a penalty of the judge's choosing.
Most likely an arrest warrant will be issued citing contempt of court .
An injunction is an order of the court. To disobey it is Contempt of Court. The judge can tailor any penalty or sentence he wishes.