Different courts have varying orders issued. However, it’s expected that these orders will be followed by all parties. This isn’t always the case and sometimes, it’s necessary to enforce court orders. This commonly happens in small claims courts and family courts. There are different options for having court orders enforced, but the most effective may be the enforcement of orders by an attorney. These individuals have the skill and knowledge it takes to get your court order enforced.
Knowledge and Experience
What to Do When a Court Order Is Violated
You might need an attorney to help you with enforcing court orders in different situations, such as those described below:
- Child support: We can help you get back child support. This is a federal and state law, so the offender is likely to find themselves in contempt of court in multiple areas. Although the law varies across states, generally, ignoring a child support order results in a requirement to pay the back child support, additional fines, license restrictions, and/or jail time. If this order is violated, the family court should be notified immediately.
- Child custody: It’s important for both parties to work together to develop a parenting plan that works for their child(ren). Not all parenting plans are alike and, frequently, much negotiation is needed. For some families, it makes more sense for the child to alternate weeks with parents. For other families, it makes more sense for the child to see one parent on weekends only. Ultimately, parenting plans need to be flexible to meet the best interests of the child. However, if these plans aren’t adhered to, the family court needs to know.
- Visitation orders/parenting time: It’s critical to be sure that the court orders are explicitly clear. However, flexibility is also key in this type of order, because there may be special events or extenuating circumstances, like a sporting game or early practice. There may be situations where it’s necessary to enforce visitation orders, such as if the custodial parent refuses to allow visitation. If court orders are clear and the problem isn’t due to an extenuating circumstance, you’ll want to let the court know about the violation because it could lead to a new custody case.
- Spousal support or alimony: These cases are particularly complicated and, generally, simply addressing the court isn’t enough. Typically, the failure to adhere to a spousal support or alimony order is to hurt the spouse needing it. This means that the best option would be to have a lawyer mediating between the parties and addressing the court to have the divorce decree enforced.
- Orders for Protection: For orders for protection, the local police must first be notified as these individuals can provide immediate protection. Next, the court will need to be notified. The police report you get about the violation of the order for protection should be beneficial in providing proof to the court. An enforcement of order attorney should represent the injured party.
- Ex parte orders: The best option is to have an attorney to assist you. You’ll need proof that the order was violated and that the other party was aware of it.
How to Enforce a Court Order
There are different methods for enforcing court orders:
- Wage deduction: In this case, the employer is contacted and required to send a portion of the offender’s wages to the state agency involved. This agency will forward the payment to the receiving payment. This has been the federal law procedure for this issue since 1994, unless there is an agreement by both parties to agree to different conditions.
- Interception of tax refunds: The offender’s federal and tax refunds can be confiscated for payment of child support and other fines.
- Liens on property: In serious cases, liens can be placed on the offender’s property.
Other resolutions for failure to adherence to court orders may involve fines and jail time for the offender. However, these resolutions aren’t meant to rectify the wrong, but penalize the offender. In cases of orders of protection, this may be viewed as a remedy.
Holding Your Spouse Responsible for Your Agreement
To hold your ex-spouse accountable and responsible for your agreement, it’s necessary for the agreement to be explicitly clear. For many cases, it’s necessary for mediation language to be written into the agreement, which can help prevent going to court in the event of disagreement. For many couples, working with a mediator can help resolve the problem. This is especially true if there’s a change in the situation of one spouse, such as job loss or moving.
How Can an Enforcement of Orders Attorney Help Your Case?
Hiring an enforcement of orders lawyer will be important because this person can explain all options, potential outcomes, and keep you updated on the situation. This means that you’ve got someone on your side that is a neutral party. The attorney can speak for you, yet seek to obtain the best result for you.
Seek Advice From a CJB Law Enforcement of Orders Attorney
It’s expected that court orders will be adhered to. However, this isn’t always the case. It is also hoped that mediation would be sufficient or changing parenting plans together would help resolve issues. If this is not likely to happen, an enforcement of orders attorney may be your only option.
We can help you address the court, keep track of your case, and make sure that the best option for your situation is sought. While no guarantee can ever be made of success, we can guarantee that your case will be presented appropriately and all resolutions will be suggested. While we understand that sometimes a court is necessary to resolve problems, we also believe in helping couples resolve their problems without the court.