When we discuss the matter of contempt in the probate court, we are probably discussing civil contempt instead of criminal contempt. The civil contempt means that there is a violation of a court order or judgment (temporary order or divorce judgment), and you are asking the court to force compliance of the order/judgment. Criminal contempt is punitive in nature, while civil contempt is constructive although the court is authorized to order attorney’s fees and costs against the contemnor. My office handles civil contempts only.
In order to seek contempt in the court successfully, the order or judgment must be clear and not ambiguous. The usual contempt that is alleged is for failure to pay support. My advice to you when you meet with me is to discuss what circumstances occurred that allowed you to fall behind in your support, or what occurred that caused you to violate an order or a judgment. The relief you may require is to file a modification of the order if you cannot comply with it. If you are seeking compliance, you should be prepared to tell me the history of the contemnor during the relationship and marriage in following court orders in the past. The court would be interested in whether or not this violation was a unique circumstance or habitual. Sometimes, in instances when the person ignores the court orders with impunity, the court will actually incarcerate that party until he/she has purged the contempt.