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In Massachusetts What is the Standard on a Contempt Case in Probate Court?

  • Posted by Alexander Nesson
  • On June 21, 2021

The standard of proof in a civil contempt action is clear and convincing evidence that a clear and unequivocal order was disobeyed.  Therefore, there must be a clear and unequivocal command in the order, and an equally clear and undoubted disobedience by the defendant.

Additionally, the Plaintiff initiating the Complaint for Contempt must show the following:

  1. There is a valid prior judgment or order;
  2. The defendant has knowledge of the judgment or order; and
  3. The defendant willfully disobeyed the judgment or order.

In a civil contempt, the burden of proof is on the defendant to show that he is unable to comply with the order.