A party can request the court to issue a rule to show cause if a party does not obey a custody, visitation, or support order. The party can go to the domestic relations department to start the process. In the alternative, a party can file a request for issuance of a rule to show cause directly with the clerk’s office.

After filing, a copy of the rule to show cause and any affidavit describing the alleged violation of a court order shall be delivered to the alleged violating party by means listed in the Code of Virginia.

The allegedly non-complying party has the right to due process upon receiving a rule to show cause. Specifically, the party has the right to a hearing where they can present evidence and arguments in their favor. Because there is a potential for a jail sentence, the court will appoint an attorney for the allegedly non-complying party, if they request an attorney and meet income requirements for court appointed counsel.

Step 1:  Status Hearing

The clerk’s office will issue a summons for both parties to appear for a status hearing to schedule the rule to show cause matter for a trial. 

If a party is not legally served with the rule to show cause, a trial will not be scheduled at the status hearing.

Step 2:  Adjudication/Trial

At trial, the party that filed the rule to show cause must demonstrate, through evidence, that the respondent violated a court order.

The respondent will have the opportunity to testify and present evidence contesting the allegations.

If the court finds that the respondent violated a court order, the matter will be scheduled for a separate hearing, “disposition,” to determine what conditions should be imposed to compel the non-complying party to comply.

Instead of a trial, the non-complying party can admit that they have not complied with the court order. The court will then schedule a hearing for disposition.

Step 3:  Disposition

At disposition, both parties can make argument as to what sanction should be imposed to make the complying party follow the court’s order.

The sanctions can range from an order directing the party to comply with the existing order, to the most severe sanction, ordering the non-complying party to be held in jail until they comply.

If the court orders a party to be held in jail, the court will specify what conditions the party must meet to be released from jail. This is called a “purge clause.”

If the party complies with the court’s condition, they will be released from jail, without the need for an additional hearing before the judge.