Enforcement of Orders

Enforcement of Court Orders Family Law Lawyer Serving The Inland Empire

Whether it involves custody or financial matters, both parties have an obligation to file a court order to the letter. You can take steps to enforce the order if necessary. The attorneys at The Law Office of Taylor B. Warner have worked with numerous clients on post-divorce issues, such as enforcement and contempt.

There are grave consequences for noncompliance with court orders. You must be aware of the exact nature of the violation and take action based on its seriousness. Then, you could act to hold the other party in contempt or even change the court order.

Call the family law attorneys at The Law Office of Taylor B. Warner to discuss your issue if the other party is failing to follow the court order. This is a conversation that you need to have before you do anything to enforce the court order. Call us today at (909) 466-5575 to schedule an initial consultation or fill out a contact form so we can discuss your specific family law needs.

The Law Office of Taylor B. Warner, APLC is located at 10535 Foothill Blvd, Suite 235 Rancho Cucamonga, California 91730 (open in Google Maps). Our office is located on the South East corner of Foothill & Haven just one block away from the Rancho Cucamonga Superior Court and we handle cases throughout San Bernardino & Riverside Counties.

Each Party Must Do What Is Specified in the Court Order

At the end of the day, a court order is exactly that – it is an order that has the full force of the court behind it. While contempt of court proceedings are relatively rare in family law cases, they are an unfortunate reality when one party deliberately violates a court order. However, a contempt proceeding should usually be a last resort.

While every part of the court order is mandatory, some things are more serious violations. For example, if a party intentionally violates a fundamental part of the court order, they can end up in serious legal trouble. The same holds true for child custody and when one party is obligated to pay or transfer an asset to the other.

First, it is essential that the language of the court order be clear. The language of the court order does not always come from the judge. They often adopt the settlement agreement between the two parties as the court order.

For example, with a custody order, the language should specify:

• The date of the visitation
• The time of the pickup
• Which parent is supposed to pick up or drop off the child
• The location

What to Do When the Other Party Fails to Follow the Court Order

If you believe that the other party is violating the court order, you should make them aware of that fact. Remember that contempt only exists when there is a willful violation. The other party may not know that they are violating the agreement. They may have a different viewpoint. Either way, you should have a record that you made them aware of your position, so the court has documentation.

You are in a difficult position when the court order involves custody. Technically, dropping a child off slightly late is violating the court order. However, that would be a case of slightly bending the order. Dropping off a child hours late (or not at all) would be breaking the court order. It is up to you about when and how to act. If you think that there is a problem, it is best to discuss it first.

Then, you may need to involve the police in the event that a parent is violating a court order. For example, if a parent is refusing to produce the child for scheduled visitation, you should consider contacting the police and giving them a copy of the order. The police could come and attempt to enforce the court order.

What Actions You Can Take When a Court Order Is Violated

You have two primary legal options for action when the other party does not follow the order, and they are not mutually exclusive:

• You can act to enforce the order by filing for contempt of court or contacting the district attorney. Contempt of court proceedings have a criminal law element to them in that the violating party can be sentenced to jail.
• You can file a motion to change the order, either to eliminate any ambiguity or to set different conditions that would make it harder for the other party to violate their obligations.

You should always have a strategy in place before you act. In most instances, you would only take action after a pattern of violations and communication with the other party (unless there was a major breach that occurred, such as taking a child out of state without notice or permission when the agreement requires it). You should always consult with a family law attorney before you do anything.

Contact a Family Law Attorney for Enforcement of Court Orders

You should not act alone when the other party fails to do what is required of them by the court. Call The Law Office of Taylor B. Warner to discuss what you can do to either enforce or change the court order. You can schedule an appointment with a family law lawyer by calling us at 909-466-5575.