Enforcement of Orders / Contempt

If Court Orders Are Not Being Met, You have the Right To Seek Enforcement

If you have a court order established in your family law, a divorce decree, modified orders, or any other court document which outlines behaviors, and if these orders are not being met by the other party, you have the right to enforce these orders. By not following these orders, the court can find that person in contempt. This can include sanctions, fines, and even jail time.

In order to ask the court to enforce orders or to hold the other party in contempt, you will need to file a motion. It is important you have clear and specific advice as to how this is done. Seeking the advice of an attorney who has experience in family law, and understands elements of criminal law can be very comforting and reassuring as you move forward in this direction.

Person Served with Contempt Citation - You Need a Defense Strategy!

Being served with a contempt citation is a very serious matter. It is quasi-criminal in nature, in that if found guilty of contempt, the charged party can be fined up to $1000 and/or up to five days in jail for each charge of contempt. Because of this, certain criminal procedures apply, and the charged party has the same rights as a defendant charged with criminal violation. A good family law attorney with an understanding of these quasi criminal issues can be very helpful. If you are being cited with a contempt charge, please seek the advice of a qualified family law attorney immediately.

Person Who Wants to Bring Contempt Changes against another Party

Contempt is a very effective tool to enforce child support and / or child visitation arrangement.

For example, if someone is not honoring or interfering with a parent's right to visitation, this is in violation of family code statute. Each parent is obligated to follow the Court's visitation orders unless and until those orders are modified by the Court. If the custodial parent is not obeying the Court's orders to permit the non-custodial parent frequent and continuous contact with the children, the Court may consider this as a factor in weighing a decision to modify future custody or visiting modifications. An experienced and aggressive family law attorney can easily spot these violations and help bring forth the issues before the court which may lead to the potential corrective action.

San Mateo and Santa Clara County Divorce Lawyer

Jonathan Chance, at JC Law Offices, knows how important these issues can be. He is a qualified Family Law Attorney who also practices criminal law. He has experience in developing unique and winning strategies perusing contempt charges as well as defending from them. Attorney Chance suggests you contact an attorney early in the process.

Attorney Chance has represented clients in matters of divorce and family law from all over the bay area. His office is centrally located in San Mateo, California. You may call, email, or FAX him by visiting his contact us page.