Can a Family Court Send You to Jail? Everything You Need To Know

Family courts have the authority to impose incarceration as a form of punishment for various offenses.

When parties are involved in family court proceedings, they will often be going through one of the most stressful periods of their lives.

It is important to note that family court orders must be followed.

ew York County Family Court - Mitchell Giurgola
New York County Family Court – Mitchell Giurgola

What Happens if You Disobey a Family Court Order?

If you disobey a family court order, the other party can ask the court to hold you in contempt. This usually means fines (on top of what you already owe).

In addition, the court can choose to incarcerate you for non-payment of child support.

This means going to jail, and it’s the most serious consequence the courts use to enforce child support payments .

What Happens if You Disobey a Family Court Order?

A judge in a civil proceeding can order a party or non-party to jail for disobeying court order or for contempt.

Barring that, you do not need to worry about jail .

It is important to note that this article aims to provide general information on the topic and does not constitute legal advice.

If you require legal advice, please consult with an attorney.

Can I appeal a family court decision?

Yes, you can appeal a family court decision.

In Kenya, you can file an appeal of a court ruling if you have lost a case at the high court, court of appeal or Supreme court in that order.

The procedure for filing an appeal is set out in sections 65-69 of the Kenyan law .

You must file your appellant’s notice within the time limit set by the judge whose order you are appealing against.

If you are appealing to a ruling by a lower court in a civil case, the limitation period is 90 days from the date of the ruling, if you are appealing to the high court or 30 days from the date of the ruling if you are appealing to any other court .

It is important to note that appeals can be costly and lengthy processes.

If you require legal advice, please consult with an attorney .

What is the difference between a high court and a supreme court?

In Kenya, the High Court is the second-highest court in the country, and it has jurisdiction over all civil and criminal cases.

The Supreme Court is the highest court in Kenya, and it has the power to hear appeals from the Court of Appeal and other lower courts .

The primary difference between the two courts is that the Supreme Court is the final court of appeal in Kenya, while the High Court is not.

The Supreme Court also has the power to interpret the Constitution and determine whether any law or action is unconstitutional.

Conclusion:

Family courts have the power to impose incarceration as a form of punishment for various offenses.

It is important to note that family court orders must be followed, and the failure to comply can result in parties facing imprisonment .

If you disobey a family court order, the other party can ask the court to hold you in contempt.

This usually means fines (on top of what you already owe).

In addition, the court can choose to incarcerate you for non-payment of child support.

This means going to jail, and it’s the most serious consequence the courts use to enforce child support payments .

If you require legal advice, please consult with an attorney.

 

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