Contempt: Appeal and Error. In a civil
contempt proceeding where a party seeks remedial relief for
an alleged violation of a court order, an appellate court
employs a three-part standard of review in which (1) the
trial court's resolution of issues of law is reviewed de
novo, (2) the trial court's factual findings are reviewed
for clear error, and (3) the trial court's determinations
of whether a party is in contempt and of the sanction to be
imposed are reviewed for abuse of discretion.
Contempt. Civil contempt proceedings are
instituted to preserve and enforce the rights of private
parties to a suit when a party fails to comply with a court order made for the benefit of
the opposing party.
Contempt: Presumptions: Proof. Outside of
statutory procedures imposing a different standard or an
evidentiary presumption, all elements of contempt must be
proved by the complainant by clear and convincing evidence.
Rules of Evidence: Contempt. The Nebraska
Evidence Rules apply generally to all civil and criminal
proceedings, including contempt proceedings except those in
which the judge may act summarily.
Contempt: Proof: Stipulations. In order to
prove civil contempt, unless the alleged contemptuous acts
occurred within the presence of the judge, or the parties
stipulate otherwise, an evidentiary hearing is necessary so
that the moving party can offer evidence to demonstrate both
that a violation of a court order occurred and that the
violation was willful.
from the District Court for Douglas County: Gary B. Randall,
(Dooley) Jolly, of Adams & Sullivan, PC, L.L.O., for
appearance for appellee.
Riedmann, Bishop, and Arterburn, Judges.
deBoer appeals from an order of the district court dismissing
his contempt actions against his ex-wife, Jennifer deBoer,
now known as Jennifer Dunford, in the proceedings to modify
their decree of dissolution of marriage. On appeal, Henk
argues that the district court erred in dismissing his
applications for contempt without holding a full evidentiary
hearing and without providing him notice. Upon our review, we
determine that the district court erred when it dismissed
Henk's contempt actions without holding an evidentiary
hearing. Accordingly, we reverse, and remand for an
evidentiary hearing on Henk's applications for contempt.
and Jennifer were married in 2002 and had two children during
their marriage. They divorced in 2010. Pursuant to the decree
of dissolution of marriage, Jennifer was awarded primary
physical custody of the children, subject to Henk's
parenting time. The terms of Henk's parenting time were
set forth in a ...