Monday, October 13, 2014

What if a court order is broken, ignored, or not followed?

What is a court order?
  1. A court order is a document signed by a judge, magistrate or clerk of court
  2. Binding the parties of the action (plaintiff and defendant)
  3. Requiring that they do something or stop doing something
Examples of court orders include custody, child support, divorce, and restraining orders. 

What happens if one side does not follow the court order?
  1. You must file a "Motion to Show Cause" asking the other side to show the court why the court order was broken.
  2. The other side must either show that he/she has in fact complied with the order or show why they could not comply with the order.
  3. If they cannot prove that they complied or give a good reason why they didn't comply, they will be found in Contempt of Court and face fines and/or jail time. 
  4. The only way to not comply AND not be found in contempt is to show that your failure to comply was not willful.
Remember that court orders expire and steps must be taken to enforce the judgment within 10 years, otherwise it must be renewed. Restraining Orders must be renewed every year with a showing that you are still in fear of your safety.

For more questions about court orders, contact me at (919) 321-6569, Nastasia@KisalaWatkins.com, www.KisalaWatkins.com.

***Video credit https://www.youtube.com/watch?v=TPE5qcwJqqQ***


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