What is the burden of proving contempt against a party for contempt?
The following excerpt is from a Custody/Visitation Proceeding Article 6 of Family Court Act v. Thurma S., 2020 NY Slip Op 51531 (U) (N.Y. Fam. Ct. 2020):
The party moving for contempt bears the burden of proving the same through "clear and convincing evidence." See Raphael v. Raphael, 20 AD3d 463 (2d Dept 2005). The moving party must prove by clear and convincing evidence that (1) the court issued a lawful order, which articulated an "unequivocal mandate; (2) the allegedly contemptuous party knew about the order; (3) the party violated the order; and (4) the right of a party to the litigation was prejudiced. See
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