When a family law issue is resolved, the court who heard the case will issue an order that is legally binding. An order requires an individual to do or cease doing something. New Jersey courts will issue orders for a myriad of reasons. In the context of divorce and family law matters, courts will usually issue orders related to:
In some circumstances, a party may not comply with the court’s order and in these cases, the court may have to intervene. The violation of a court order is a serious situation and a judge will be aggressive in enforcing the order.
Motion for an Order Enforcing Litigant’s Rights
Unfortunately, there are times when a court order is violated related to issues, including child support and custody, alimony, and division of marital assets. In New Jersey, a spouse may request a court’s intervention through a motion for Order Enforcing Litigant’s Rights. In some cases, you may have to prove that you tried to handle the situation yourself before asking the court. This can be as simple as your lawyer contacting the other party trying to work out the issue. The motion will include what you were awarded, a request to enforce the order, a request for coverage of attorney fees, and a copy of the original order.
Contempt of Court
If the court rules in your favor, the other party will get notice that they must obey the court order or be held in contempt of court. In relation to contempt of court, a judge must have evidence of a wanton or willful violation of the court order. If there are reasonable circumstances as to why the party violated the order, the judge will have to take that into consideration. Otherwise, if the other party is in contempt, the court will not only award you what you were owed, they might push further and offer you more than what you were owed in response to the violation. The court has vast authority. In the most severe cases, New Jersey courts might also mandate the violator to participate in community service, suspend their driving license, or have them arrested.
Contact a law firm that will fight to enforce court orders
At Paris P. Eliades Law Firm, LLC, we have the dedication and passion needed to fight for what a court has ordered. Hopefully, each party will obey the court’s wishes, but that is not always the case. Sometimes, you need diligent representation that will work for your best interests. If we cannot motivate the other party to follow the order, we will work tirelessly to see that the court is as aggressive as possible towards the violator. You should be able to move past your ordeal without having to continue fighting for your rights. Our compassionate attorneys will work for your interests to finally put your legal matter to rest. Contact Paris P. Eliades Law Firm, LLC for a consultation today.
48 Sparta Avenue
Sparta, NJ 07871