Family Law | Enforcement and Contempt
ENFORCEMENT AND CONTEMPT
Divorce and Family Law Attorney in Prescott, Arizona
Divorce and Family Law Attorney in Cottonwood, Arizona
Court orders must be obeyed. When they are not obeyed, the party harmed can ask the court to enforce the order against the disobeying party. This is typically done by filing a petition for enforcement or contempt and generally results in a trial or evidentiary hearing if the petition has merit and is not dismissed and the parties do not otherwise settle.
If the disobeying party’s violation is not egregious or willful, but perhaps an honest mistake or oversight, the disobeying party may get off relatively easily, especially where the harmed party was not significantly damaged.
However, where the violation is egregious or willful and not merely an honest mistake or oversight, the outcome for the disobeying party can be severe. If the violation resulted in the harmed party losing or not receiving money, the disobeying party would likely be ordered to make the harmed party whole by paying the party the money they lost or did not receive, and the court may even order the disobeying party to pay the harmed party’s attorney fees and costs.
If the violation resulted in missed parenting time for the harmed party, the court could order make-up parenting time and even modify the existing parenting time order to reduce the disobeying party’s parenting time. Under these facts, the court could also order the disobeying party to pay the harmed party’s attorney fees and costs.
With its tricky procedural rules and evidentiary hurdles, it is important to have an experienced attorney on your side when prosecuting or defending an enforcement action. Our Prescott, Arizona family law attorney represents individuals seeking to enforce family court orders and individuals against whom enforcement is sought. Put our attentive, compassionate, and trusted firm to work for you by scheduling a consultation today.