(a) When any person is found in contempt of any order or judgment of the Superior Court, the court may award to the petitioner a reasonable attorney's fee and the fees of the officer serving the contempt citation, such sums to be paid by the person found in contempt.
(b) This section shall not apply to the case of any person found in contempt of an order of the Superior Court entered under sections 46b-60 to 46b-62, inclusive, 46b-81 to 46b-83, inclusive, or 46b-86, which is provided for under section 46b-87.
(P.A. 76-435, S. 7, 82; P.A. 77-452, S. 27, 72; P.A. 82-160, S. 128.)
History: P.A. 77-452 removed reference to orders or judgments of court of common pleas, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 inserted Subsec. indicators and made minor technical changes.
Cited. 11 CA 610; 18 CA 119; 22 CA 136; 26 CA 326. Court's award of attorney's fees had no factual basis where there was no evidence of the preparation of the case by plaintiff's counsel and no hearing on such fees, and the reasonableness of fees was not proven. 129 CA 380. In civil contempt proceeding, due process requires the opportunity for defendant to have a hearing to present her own evidence and cross-examine witnesses re the extent of plaintiffs' attorney's fees and costs. 130 CA 835.
Notes of Decisions
Cited in
15
cases (
1 in the last 5 years), 1987–2021 · leading case:
In re Jeffrey C., 802 A.2d 772 (Conn. 2002).
In re Jeffrey C., 802 A.2d 772 (Conn. 2002).
· cites it 5× “Additionally, on February 23, 2000, the commissioner filed a motion seeking attorney’s fees, pursuant to General Statutes § 52-256b,* * 3 for, inter alia, the preparation of the contempt motion.”
In re Brianna B., 785 A.2d 1189 (Conn. App. Ct. 2001).
· cites it 6× “The court stated that if the petitioner complied with the orders, she would be ordered to pay to the commissioner the sum of $2500 in attorney’s fees pursuant to General Statutes § 52-256b. 1 If she failed to comply, the court would impose a sentence of six months imprisonment.”
Avery v. Medina, 163 A.3d 1271 (Conn. App. Ct. 2017).
· cites it 6× “The plaintiffs asked the court to find the defendants in contempt for every day they remained in violation of the court's order, and for costs and attorney's fees pursuant to General Statutes § 52-256b. The defendants objected to the motion for contempt, arguing that they were…”
Berglass v. Berglass, 804 A.2d 889 (Conn. App. Ct. 2002).
· cites it 3× “” The plaintiff also argues that the court’s award of attorney’s fees is improper pursuant to General Statutes § 52-256b (a) because there was no finding of contempt.”
In re Jeffrey C., 779 A.2d 765 (Conn. App. Ct. 2001).
· cites it 4× “An award of attorney’s fees pursuant to General Statutes § 52-256b 7 or Practice Book § 1-21A 8 first requires a finding of contempt.”
Mihalyak v. Mihalyak, 529 A.2d 213 (Conn. App. Ct. 1987).
· cites it 2× “Nor was the order for payment of counsel fees made pursuant to General Statutes § 52-256b, authorizing reasonable attorney’s fees after a finding of contempt, as alleged by the plaintiff.”
Tufano v. Tufano, 556 A.2d 1036 (Conn. App. Ct. 1989).
· cites it 2× “Considering the number of contempt motions filed by the grandparents and the violations found by the court, we cannot say that the orders were an abuse of discretion.”
Gina M. G. v. William C., 823 A.2d 1274 (Conn. App. Ct. 2003).
· cites it 6× “Pursuant to General Statutes § 52-256b (a), the court, furthermore, awarded the defendant reasonable attorney’s fees of $11,010 to be paid, as well, to the defendant’s attorney.”
Messina v. Messina, 576 A.2d 579 (Conn. App. Ct. 1990).
· cites it 8× “The trial court found that General Statutes § 52-256b 1 gave it the power to award attorney’s fees in a contempt situation without examining the respective financial abilities of the parties.”
Quaranta v. Cooley, 26 A.3d 643 (Conn. App. Ct. 2011).
· cites it 4× “Moreover, “[o]nce a contempt has been found, [General Statutes § 52-256b (a)] 10 establishes a trial court’s power to sanction a noncomplying party through the award of attorney’s fees.”
DPF Fin. Holdings, LLC v. Lyons, 21 A.3d 834 (Conn. App. Ct. 2011).
· cites it 4× “Once a contempt has been found, [General Statutes § 52-256b (a)] 3 establishes a trial court’s power to sanction a noncomplying party through the award of attorney’s fees.”
Rocque v. Design Land Developers of Milford, Inc., 844 A.2d 882 (Conn. App. Ct. 2004).
“Rather, the trial court ordered that the respondent father pay attorney’s fees pursuant to [General Statutes] § 52-256b to compensate the commissioner [of children and families] for expenses incurred in enforcing compliance with the orders of the *368 trial court.”
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