Contempt/Enforcement of Court Orders
Unfortunately, court orders are not always followed properly. Luckily, you have the option of filing a “Motion for Contempt” to enforce the person, who is refusing to follow the court order, to abide by the court order. In other words, when a person fails to follow a court order, he or she may be held in “contempt” of court for failing to abide by the Court’s ruling. After filing a Motion for Contempt, the court will issue an “Order to Show Cause” that will require the person refusing to follow the order to appear and explain why he or she should not be held in contempt of court.
If following a hearing, the court finds a person in contempt of court, the court may: issue a fine; order the party be placed in jail; and/or issue additional orders to ensure that the party complies with the initial court order. If you prevail on your Motion for Contempt, the Court may order the person failing to follow the court order to reimburse you for your attorney’s fees and legal costs.
Motions for contempt are often filed in the following circumstances:
When a person fails to timely pay child support;
When a person fails to deliver property pursuant to court order or property settlement agreement;
When a person fails to maintain health insurance for the parties’ child(ren);
When a party fails to follow a court ordered visitation schedule;
When a party is behaving inappropriately around the parties’ child(ren); or
When a party is having members of the opposite sex spend the night while the minor children are present.
If you would like additional information about enforcing a court order, please contact M.W. Law, PLLC today to schedule a consultation. For your consultation appointment, make sure to bring a copy of the court order that you wish to enforce and any documentary evidence that shows that the other person has not complied with the court order.