Virginia Beach Show Cause & Enforcement Lawyer
757-337-2500
Enforcing and Defending Family Court Orders Throughout Virginia Beach
A court order is only as strong as its enforcement. When a former spouse or co-parent stops paying support, denies you time with your children, or refuses to turn over property the court awarded you, it can feel like the system has failed. It has not. Making an order mean something often requires going back to court. And if you are the one being accused of violating an order, the stakes can be just as high, including fines and even jail.
At Invictus Law, we handle both sides of these disputes throughout Virginia Beach and the Hampton Roads region. Whether you need to enforce an order the other party is ignoring, or you have been served with a motion to show cause and need to defend yourself, our family law team can help you understand your options and protect your interests.
Court orders are not suggestions. Our goal is to help you hold the other party accountable or to defend you fairly if you are the one accused, with a clear, disciplined strategy.
Understanding Show Cause and Contempt in Virginia
In Virginia, you cannot personally “charge” someone with contempt. Instead, your attorney files a Motion to Show Cause, a request asking the court to order the other party to appear and explain why they should not be held in contempt for violating an order. If the court finds that the violation was willful, it can impose a range of consequences to compel compliance or punish the conduct.
Virginia recognizes two kinds of contempt, and the difference matters:
- Civil contempt is remedial. It is meant to force compliance. Judges sometimes say the person “holds the keys to the jail cell” because they can end the contempt simply by complying. For example, by paying what they owe.
- Criminal contempt is punitive. It punishes a past, willful violation and carries the protections of a criminal proceeding. The party seeking contempt must state which type is being pursued.
A central requirement is willfulness. The court is generally looking at whether a party could have complied and chose not to, not whether they were genuinely unable to. That distinction shapes both how an order is enforced and how a show cause is defended.
How Invictus
Can Help
Enforcement and contempt defense are not passive for us. They are a disciplined process built around the record, the deadlines, and the specific relief you need.
Case Assessment
We begin by reviewing the order at issue, how it was allegedly violated, and which court entered it. We explain your options, whether you are seeking enforcement or defending against it, and what deadlines apply.
Building the Record
These cases are won on documentation. We help you assemble the proof that matters, payment records, communications, and a log of missed exchanges or denied visits that a court will rely on.
Strategy Planning
We develop an approach tailored to your goal, whether that is collecting past-due support, restoring your parenting time, compelling a property transfer, or defending you against an unfair contempt allegation.
Courtroom Advocacy
We prepare and file the motion to show cause or the response, and we advocate for you at the hearing, pressing for the relief you need or presenting the evidence that explains your situation.
Follow-Through
After a ruling, we help ensure the resulting order, for payment, garnishment, makeup time, or otherwise, is properly entered and carried out.
Orders That Can Be Enforced
Nearly any family court order can be enforced through a show cause, including violations involving:
- Unpaid child support or spousal support
- Denied visitation or violations of a parenting schedule
- Violations of a custody order
- Failure to transfer property, accounts, or assets awarded in a divorce
- Failure to pay debts or obligations assigned in a decree
- Violations of temporary (pendente lite) orders entered while a case is pending
What Enforcement Can Look Like
Depending on the order and the violation, a court’s response to willful noncompliance may include:
- A judgment for past-due support or other amounts owed, with interest
- Wage garnishment or income withholding
- Jail until the contempt is purged (civil) or a fixed sentence (criminal)
- Makeup or compensatory visitation time
- Fines
- An award of attorney’s fees and costs to the party who was forced to seek enforcement
Enforcement Has Teeth (By the Numbers)
Enforcement is a large and active part of Virginia’s family law system, especially for child support. Virginia’s Division of Child Support Enforcement handles more than 400,000 cases and collects over a billion dollars in support in a single year, using tools that reach well beyond the courtroom.
When support goes unpaid, the consequences can be significant. In addition to court action, the state can garnish wages, intercept tax refunds, and suspend a driver’s, professional, or even recreational license for those who owe at least $5,000 or fall at least 90 days behind. Unpaid support also accrues 6 percent interest, and it does not disappear when a child turns 18. A support order has real teeth, but putting those tools to work often still requires going to court and doing it correctly.
If You Have Been Served With a Show Cause
Being accused of contempt is serious, but it is not the end of the story, and how you respond matters. The court must generally find that any violation was willful, which means a genuine inability to comply can be a defense. For example, a parent who lost a job and could not pay support, despite a good-faith effort, is in a very different position than one who simply refused to pay.
The worst thing you can do is ignore the order or the hearing. If your circumstances have changed — a job loss, a medical issue, a move — the right response is usually to ask the court to modify the order, not to stop complying. We help clients gather the documentation and present the evidence that explains their situation and protects them from unfair penalties.
A Critical Warning: Avoid “Self-Help”
One of the most common and costly mistakes in these cases is trying to take matters into your own hands. In Virginia, child support and visitation are separate legal issues. You cannot stop paying support because the other parent is denying visitation, and you cannot withhold the children because support is unpaid — doing either can leave you in contempt as well. If the other party is violating an order, the correct move is to enforce it through the court, not to retaliate. And in serious situations — such as withholding a child in violation of a custody order and taking the child out of state — the conduct can even rise to a criminal offense under Virginia law.
Why Choose Invictus Law for Enforcement and Contempt
A Family Law Team That Understands Both Sides
We focus our practice on family law and criminal defense, and we handle both enforcement actions and contempt defense — which means we understand how these cases are built and how they are defended.
Rooted in Hampton Roads
We regularly appear in the Virginia Beach Juvenile & Domestic Relations District Court and the Virginia Beach Circuit Court, and we understand the local procedures that enforcement and contempt cases follow.
Former Prosecutor Insight
Because contempt can carry quasi-criminal consequences, our former-prosecutor experience is especially valuable — we understand how willfulness is proven and how to challenge it.
Respected Standing in the Legal Community
Invictus Law has earned recognition from organizations including the National Trial Lawyers and the Virginia Trial Lawyers Association, along with strong peer and client recognition through Avvo. These affiliations reflect our commitment to disciplined, effective representation throughout Virginia Beach and Hampton Roads.
What Makes Invictus Law Different
A Unique Combination
Concentrated Focus
Certified Guardians ad Litem
Military Issues Experience
Local Experience Matters
Process-Driven Representation
Our Attorneys
Rather than working in isolation, our attorneys regularly discuss complex legal issues, evaluate strategy, and draw upon one another’s courtroom experience. That means every client benefits from the collective knowledge of the firm—not just the experience of the attorney assigned to the case.
Eric Leckie
Founding Attorney. Marine Corps JAG. Former Prosecutor.
Founder of Invictus Law and a former United States Marine Corps Judge Advocate with over 23 years of trial experience in federal criminal defense, military law, and security clearance matters.
Shemeka Hankins
Former Prosecutor, Decorated Trial Attorney & Fearless Criminal Defense Lawyer
Partner. Former Prosecutor with the Virginia Beach and Norfolk Commonwealth Attorney's Office, recognized as a Super Lawyers Rising Star and Virginia State Bar Local Bar Leader of the Year.
Yolanda Beasley
Family Law and Trial Attorney. Certified Guardian ad Litem.
Virginia Beach native and certified Guardian ad Litem recognized as a Super Lawyers Rising Star (2023, 2024) and National Black Lawyers Top 40 Under 40.
Reviews & Results
Frequently Asked Questions
How do I make my ex comply with a court order?
In Virginia, you cannot charge someone with contempt yourself. Your attorney files a Motion to Show Cause, asking the court to order the other party to appear and explain why they should not be held in contempt for violating the order. If the court finds the violation was willful, it can order remedies such as payment of what is owed, wage garnishment, makeup visitation, fines, jail until compliance, and an award of your attorney’s fees.
What is the difference between civil and criminal contempt?
Civil contempt is meant to force compliance — the person can end it by doing what the order requires, which is why judges say they “hold the keys to the jail cell.” Criminal contempt is meant to punish a past, willful violation and carries the protections of a criminal case. The party seeking contempt must specify which type is being pursued, and the distinction affects both procedure and consequences.
Can I stop paying support if the other parent won’t let me see my kids?
No. In Virginia, child support and visitation are separate legal issues. If you stop paying support because visitation is being denied — or withhold the children because support is unpaid — you can end up in contempt yourself. The correct approach is to keep complying with your own obligations and enforce the other order through the court.
What if I genuinely cannot comply with the order?
A finding of contempt generally requires a willful violation, so a genuine inability to comply can be a defense. But you should not simply stop complying. If your circumstances have changed — such as a job loss or medical issue — the right step is usually to ask the court to modify the order and to document your situation, rather than ignore it and risk penalties.
Can I recover my attorney’s fees in an enforcement action?
Often, yes. Virginia courts frequently award attorney’s fees and costs to the party who was forced to go to court to enforce an order, particularly where the other party’s violation was willful. Whether fees are awarded depends on the facts and the court’s discretion.
Where is a show cause or enforcement case heard in Virginia Beach?
It depends on which court entered the order. Custody, visitation, and support matters are generally heard in the Virginia Beach Juvenile & Domestic Relations District Court, while enforcement of a divorce decree — including property division and spousal support from the divorce — is generally heard in the Virginia Beach Circuit Court.
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