How to Enforce a Court Order

If you have been to court and won your case, then you know that winning is only half of the success. The court order can be issued, but there is always the chance that someone may not follow it. If the other party is not following the court order, you can have the court enforce. These steps will assist you in enforcing a court order.

Instructions

Difficulty: Moderately Easy

1. File a "Petition for Contempt." This must be done in the county of the original court order. This petition and other possible required forms (such as a Personal Data Form) are sometimes available online but are always at the county clerk's office.
2. Contact the county clerk's office of the county that issued the original court order. In addition to obtaining the required forms for a "Petition for Contempt," the clerk's office will be able to provide information on the filing fee, how the other party will be notified and any other instructions for enforcing a court order.
3. Notarize your "Petition for Contempt." Not only must this form be complete with all required supporting documentation, it must also be notarized. Submit the notarized petition to the county clerk's office.
4. Complete a "Financial Affidavit." This form will be needed when review of the court order is made. The county clerk's office will have information and forms for this "Financial Affidavit," or you can find them online. Obtain the following information to complete this form: latest tax returns and recent pay stubs. Gather together information on your income, monthly expenses, employment and insurance.
5. Obtain and review the "Orders of Notice." This will be sent to you once the "Petition for Contempt" has been processed at the county clerk's office. Read all information provided in the "Order of Notice" since it contains crucial information regarding the enforcement process.
6. Make arrangements to serve the "Petition for Contempt" and "Orders of Notice" to the other party. You cannot do this yourself. Enlist the service of your local sheriff's department instead. Bring the paperwork to the sheriff's department and pay their required fee.
7. Obtain and review the "Return of Service" from the sheriff's department. The "Return of Service" verifies that the other party has been served with a copy of the "Petition for Contempt" and "Orders of Notice." The sheriff's department will send a "Return of Service" to you after the other party has been served. Send this "Return of Service" to the court immediately for processing and await your court appearance date.

Tips & Warnings

• Consult an attorney for any legal advice you may seek with regard to the court order or enforcement process.
• Always contact the clerk's office of the county in which the court order was made. The clerk's office will have valuable information on the petition forms, fees and enforcement process in general.
• Do not serve any papers to the other party yourself. This will nullify your petition and any other efforts made to enforce the court order.