James Elton Gillies v. Rebecca Noelle Mitchell Gillies

Syllabus

Father was held in criminal contempt for withholding visitation from Grandmother. The trial court found 28 counts of contempt and imposed a sentence of 280 days. The trial court also revoked the suspension of a prior 100-day sentence and ordered that sentence to be served consecutively to the 280 days. We conclude that because the visitation was withheld while an order of protection prohibiting contact between the child and Grandmother was in place, the trial court's findings and the evidence presented are insufficient to support a finding that Father acted willfully. Accordingly, we reverse the finding of contempt and the revocation of the suspended sentence.