Winters Enforcement of Orders
Court orders are legally binding and should be followed diligently. Unfortunately, some people will still try to evade the legal duties mandated to them by the court. So if someone is avoiding their responsibility to you or your children, let our Winters enforcement of orders specialist help you!
Bartholomew & Wasznicky LLP is one the most trusted Winters, CA family law firms. We specialize in family law and are passionate about helping our clients resolve their legal battles. Our goal is to handle their legal issues efficiently so they can focus on improving their family lives as soon as possible.
Included in the issues we can expertly resolve is enforcing court orders. We will thoroughly assess your situation, help organize all the necessary documents to petition the enforcement of orders, and represent you during the court proceeding.
To learn more about how we can help you enforce order in California, give us a call as soon as possible. Our family law attorneys can provide you with comprehensive answers and expert legal assistance from start to finish of your legal concerns.
Ensure the enforcement of your legal orders with the assistance of our experienced Winters-based attorneys. We are committed to protecting your rights and ensuring compliance with court orders. Contact Bartholomew & Wasznicky LLP today for a consultation to discuss your case. Call (916) 260-2637 to schedule an appointment and take the necessary steps towards enforcing your orders effectively.
Enforcement of Orders in California
If the other party is not following the terms of the court order previously awarded to your case, it’s best to ask Bartholomew & Wasznicky LLP for help. Our Winters enforcement of orders specialists has the in-depth legal expertise and full knowledge of how California family law works.
We can help you enforce the court order and that the other party can’t deny their legal responsibilities. One way to do this is to request a contempt of court proceeding.
Contempt of Court
This is the typical way of enforcing orders in California. If one party is not following the court order, they will be required to explain the non-compliance in court. In this type of proceeding, you and the other party may choose to appear without legal counsel. However, it’s always best to retain a lawyer to represent you like in all other legal issues.
In order to file a petition for a contempt of court proceeding, you, as the petitioning party, need to fill in and submit an Affidavit for Contempt and an Order to Show Cause. Bartholomew & Wasznicky LLP can help sort these out, along with witnesses and evidence supporting your claim.
Our lawyer can help you prove the following to enforce the court order successfully:
- A valid court order exists.
- The other party (defendant) was notified and aware of the court order.
- The other party (defendant) intentionally violated the terms of the court order.
The defendant will face criminal penalties if found guilty of contempt of court. In line with this, they are given the following rights:
- Right to get notified when and what charges are filed against them
- Right to a hearing to clear the matter
- Right to obtain their own legal counsel
What Qualifies as Contempt of Court in California?
Contempt of court, or referred to as ‘contempt,’ is any action of intentional disobedience to a court order. It can also be an act that disrupts or disrespects a court proceeding.
These are the two types of Contempt of Court:
Civil Contempt in California
Civil contempt is the act of willful disobedience of a court order. If found guilty of civil contempt in California, you’ll have to pay a fine or face possible jail time. Both fines and jail time are means of inspiring obedience rather than punishment.
Some examples of civil contempt are the following:
- Not paying child support
- Not attending court-mandated parenting classes
- Not following the court-ordered child visitation schedule
- Violating a Stay-Away Court Order
- Not showing up in a court hearing
Criminal Contempt in California
Criminal contempt is any behavior that shows disobedience, disrespect, and attack or undermining of the court’s authority, integrity, and dignity. These may include the following actions:
- Being loud or rude during a court proceeding
- Refusing to swear as a witness and not answering crucial questions during a court proceeding
- Violating a restraining or stay-away order that involves domestic violence, or elder and dependent adult abuse issues
Acts classified as criminal contempt are typically treated as a misdemeanor and are punishable by up to $1000 in fines, six months in county jail, and three years of informal probation.
However, the following more serious acts of contempt of court can be punishable by one year in county jail and up to 3 years in state prison:
- Violating a stay-away order issued on a domestic violence case
- Violating a court order that prohibits your possession of a firearm
Full-Service Winters Family Law Attorneys
Bartholomew & Wasznicky LLP is a highly acclaimed law firm in Winters, California. We practice family law with exceptional dedication, proactiveness, and efficiency. Any issue you have with family law is guaranteed to be handled well by one of our licensed, skilled, and extensively experienced lawyers.
And if you’re particularly concerned about ensuring that the other party follows a court order, trust our Winters enforcement of orders expert to resolve your problem for you.
The following are some of the actions that we can help you address:
Failure to Pay Child Support
If the other parent ordered to pay child support didn’t, you can petition for a contempt of court proceeding. You can also do this if the other parent only gave a partial payment or was late in payments.
A willful violation of paying court-ordered child support has a three-year statute of limitations to bring it to court.
Failure to Pay Spousal Support
Similar to child support, unfulfilled, partial, and late payments of spousal support can be brought to court as contempt.
Failure to Pay Attorney’s Fees
If the other party fails to pay the attorneys’ fees and court costs as mandated by the court, this is another reason for a contempt proceeding.
Violating Child Custody or Visitation Orders
If the other parent did not follow the court-approved parenting schedule or has refused to return the child at the agreed-upon time, we can help you bring it to court to enforce the order. Failure to follow the court-mandated terms regarding child custody and visitation are grounds for contempt of court charges.
Regardless of the specific issue you wish to resolve, our family law attorneys will quickly help you. We’ll evaluate your case meticulously, gather relevant documents and pieces of evidence, and present the facts of your case in a way that compels the court to take the necessary action to enforce the order.
Talk To Our Legal Experts Today
Sometimes, no matter how hard you try to convince people that they don’t want to do something, they won’t do it. And even if there’s a court order telling them what to do and possible repercussions they’ll be facing if they don’t follow, people may still try to evade their responsibilities willfully.
Fortunately, Bartholomew & Wasznicky LLP is here to help you ensure that this won’t happen to you for a long time. At the first sign of intentional disobedience of a court order, talk to our lawyer to learn the next best legal action. Start the process today by giving us a call!
Need help enforcing your legal orders in Winters? Our experienced attorneys are here to ensure compliance and protect your rights. Contact Bartholomew & Wasznicky LLP for a consultation and take the first step towards effective enforcement. Call (916) 260-2637 now to schedule an appointment.