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1 Domestic Relations; Annulment, Divorce and Separation; Contempt of Court. RSA 458:51 is repealed and reenacted to read as follows:
458:51 Contempt of Court.
I. In this section:
(a) "Contempt of court" means the undoubted and willful disobedience of a valid and unequivocal court order, coupled with an ability to comply with the order.
(b) "Willful disobedience" means an act, or failure to act, that is voluntary and intentional, and not accidental.
II. By petition or motion, a party may seek enforcement of a court order pertaining to abuse, alimony, annulment, child support, divorce, legal separation, parenting, or any other matter for which the judicial branch family division has jurisdiction pursuant to RSA 490-D:2.
III. The burden of proof shall be on the party seeking enforcement to prove by a preponderance of the evidence that the other party is in contempt of court.
IV. In any proceeding under this section, in which a party alleges, and the court finds, that a party is in contempt of court and has failed, without just cause, to obey an order or decree, the court shall award reasonable costs and attorneys' fees to the prevailing party. Additionally, the court may impose sanctions and conditions designed to assure the contemnor's compliance with the order or decree, including but not limited to incarceration, fines, and reimbursements, taking into consideration the nature and severity of the acts constituting the contempt, the contemnor's history of non-compliance, and any other factors the court deems relevant. If the court determines that no condition, sanction, or combination of such will reasonably assure the contemnor's compliance with the order, the court shall amend the order or decree accordingly.
V. Nothing in this section shall be construed to limit or to preclude any other rights, remedies, or causes of action that may exist under other statutes.
2 Effective Date. This act shall take effect January 1, 2025.
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1 Domestic Relations; Annulment, Divorce and Separation; Contempt of Court. RSA 458:51 is repealed and reenacted to read as follows:
458:51 Contempt of Court.
I. In this section:
(a) "Contempt of court" means the undoubted and willful disobedience of a valid and unequivocal court order, coupled with an ability to comply with the order.
(b) "Willful disobedience" means an act, or failure to act, that is voluntary and intentional, and not accidental.
II. By petition or motion, a party may seek enforcement of a court order pertaining to abuse, alimony, annulment, child support, divorce, legal separation, parenting, or any other matter for which the judicial branch family division has jurisdiction pursuant to RSA 490-D:2.
III. The burden of proof shall be on the party seeking enforcement to prove by a preponderance of the evidence that the other party is in contempt of court.
IV. In any proceeding under this section, in which a party alleges, and the court finds, that a party is in contempt of court and has failed, without just cause, to obey an order or decree, the court shall award reasonable costs and attorneys' fees to the prevailing party. Additionally, the court may impose sanctions and conditions designed to assure the contemnor's compliance with the order or decree, including but not limited to incarceration, fines, and reimbursements, taking into consideration the nature and severity of the acts constituting the contempt, the contemnor's history of non-compliance, and any other factors the court deems relevant. If the court determines that no condition, sanction, or combination of such will reasonably assure the contemnor's compliance with the order, the court shall amend the order or decree accordingly.
V. Nothing in this section shall be construed to limit or to preclude any other rights, remedies, or causes of action that may exist under other statutes.
2 Effective Date. This act shall take effect January 1, 2025.