A court order is a directive requiring performance of a specific act. In the family law setting, a court order may address child visitation as well as payment of alimony or child support. Successful enforcement of a court order depends upon the specificity of the order and whether the failure to comply is clear.
Related Searches:
Difficulty:
Moderate
Instructions
1
Review the court order. Determine whether the order clearly directs performance of a specific act. Compare the language of the court order with the facts of your case, and evaluate whether you can reasonably establish that non-compliance has occurred.
2
Draft a motion requesting compliance. Obtain blank forms from the clerk of court, if available. Identify in your motion the specific act that was ordered by the court, and specify those portions of the court order that require enforcement. Include a statement of facts to support your claim.
3
File your motion with the clerk of court. Arrange to have it served on the opposing party, and obtain a court date from the clerk. Commence preparing for the court date, and determine what facts you will need to prove in order to convince the judge that action is required. Ensure that all witnesses necessary to prove your case are subpoenaed to appear on the hearing date. Ask the clerk of court to assist you in obtaining subpoenas and have them served by the county sheriff.
4
Attend your court hearing. Ensure that you bring any physical evidence you need to establish your case, and plan to question any necessary witnesses to establish your claim of non-compliance.
Tips & Warnings
Procedural rules vary from state to state, but all jurisdictions require you to file a formal motion with the court alleging non-compliance. Many states call this a motion for order to show cause, which asks the court to issue an order directing the offending party to "show cause" why he should not be held in contempt of court for failing to comply. Punishments for failure to comply depend upon the reason for non-compliance; willful non-compliance may result in a jail sentence. If the court order lacks clarity, you must file a separate action seeking to modify the court order. A show cause petition is not the vehicle for accomplishing modifications.
Consult with an attorney if you are uncertain about how to proceed. Never file a motion with the court that is frivolous or unfounded. Frivolous motions can backfire and may even result in the filer being held in contempt of court.
The federal government considers child custody orders serious enough to warrant special legislation. The Uniform Child Custody Jurisdiction and Enforcement Act of...
Courts issue protective orders also known as restraining orders to people who need protection from verbal or physical harassment or abuse. Obtaining...
