Enforcement of Orders

Enforcement of Court Orders in Ventura

Divorce may appear to be the end of your family battle with your ex-spouse and the end of all legal disputes. Termination of a marriage, however, is only the beginning of the legal complications you may face, especially if you share children with your ex-husband or ex-wife. After divorce, your ex-spouse may violate a detail of the court order which impacts your financial, emotional, or relational life. Whether he or she has taken visitation rights on their own initiative or has failed to provide spousal support, you can pursue legal action. Enforcement of a court order is a legal action that can take place after your ex-spouse has violated a specific demand in the divorce agreement. As you seek an enforcement of your court order, you should speak with a Ventura divorce attorney from our firm to pursue a successful case outcome.

Divorce Judgment Violations

Receiving a favorable settlement during divorce does not go far unless the other party obliges. In California, the legal system depends on having orders closely followed by parties that are under this regulation. If a court order has been violated, you can take legal action to enforce this demand. Various circumstances may require a court order to be enforced, including failure to:

  • Pay child support
  • Pay spousal support
  • Reimburse healthcare expenses
  • Follow child custody orders
  • Abide by visitation orders
  • Comply with property orders
  • Comply with life insurance orders

In general, disregard of a family law order can lead to court action. California courts can take action when a willful violation of a court order, known as contempt of court, occurs. Contempt of court orders can be issued for failure to comply with child support, spousal support, and marital property orders.

Procedures for Enforcement

Prosecution for contempt of court orders will begin by the filing of an Order to Show Cause and Affidavit for Contempt with the family court. The aggrieved party must initiate the contempt of court action by accessing this form from the California Court's website. After the affidavit is personally served on the defendant, the court will convene a hearing. The defendant in this action is entitled to be present and represented by an attorney during this hearing. He or she also has the right to remain silent for the purpose of avoiding self-incrimination.

For a conviction to arise, guilt must be proven beyond a reasonable doubt. First time offenders can face up to a maximum of five days in jail for every act of contempt. Repeat offenders can face up to 10 days in jail for each offense. Penalties can add up quickly, such as five days in jail for every month of payment missed. If you are the defendant in an enforcement case, you must take action to protect your rights. Enforcement cases, no matter which side you are on, can be very difficult. If your ex-spouse is self-employed, enforcing support obligations can be challenging. No matter what the circumstance, if the opposing party has failed to follow the terms of a court order, you should take immediate legal action. We can take action to enforce the court order and protect your legal rights.

Experienced Ventura Divorce Attorney

Your enforcement case will likely require a competent and high-quality lawyer to represent your best interests and protect your rights. At Cutter & Lax, Attorneys at Law, we have the legal knowledge, experience, and ability to pursue the enforcement of a court order. We can help you enforce court orders and collect your family law judgment. Attorney Nelson Cutter from our firm has more than 30 years of experience, is a former JAG officer, is a retired reservist with prior enlisted experience, and has experience as the Chief of Legal Assistance at White Sands Missile Range. With the use of his strengths and our firm's legal capacity, your case can be professionally handled from start to finish. Our legal representation does not simply terminate once the marriage has been dissolved. We continue providing high-quality legal assistance for post-divorce conflicts. Contact Cutter & Lax, Attorneys at Law today for legal assistance with a court enforcement order!

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** The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.