CONTEMPT and ENFORCEMENT OF COURT ORDERS
“What can be done to get her to follow the Court Order?
In order for the other side to be in contempt of court there must be a court order in existence. If someone is violating a written signed agreement but there is no court order, then they are not in contempt of court. Still, they may have breached the agreement but that is different from contempt in some ways and similar in other ways.
If you file a petition for contempt against the other side you will be issued a Show Cause Order for them to respond along with a Writ of Summons. Those two things along with your original petition for contempt must be served on the other side by original process, meaning you cannot just mail these things to the other side. The court would usually schedule a contempt hearing date and that will appear on the show cause order that you must serve the other side with. If and as long as you properly serve the other side you will have a show cause or contempt hearing on the date specified in the Show Cause Order.
At the contempt hearing you must prove that there is a court order in existence, that the terms of the court order are very clear so that the other side should be able to follow them, and that the other side did not follow the court order. Although it is not technically your burden to do so it is a good idea if you also prove that the other side has the ability to follow the court order. For example, if the other side is not paying child support then it will help your case if you can show that you asked for payment or otherwise tried to work out the issue, or if you can show that they have made some big purchases recently or gone on vacations recently or if you can produce a copy of their bank statements to show they have enough money to support their children.
“What if there is no Court Order but we have a signed Agreement?”
The other side cannot be found in contempt because there is no court order; however, you do have recourse and the Court can enforce the agreement. The attorneys at Mulinazzi Law Office can walk you through your options and help you resolve the disagreement that is the focus of the other side’s lack of compliance. As always our attorneys will provide options that keep the costs down and the conflict.
“Will the Court order him to pay my attorney’s fees for his contempt?”
Courts take their own orders very seriously and therefore if the other side is breaking the court order the other side may face serious sanctions to include your attorney’s fees, possibly an increase in custodial time, immediate repayment of money owed, and in rare cases incarceration. Proving a contempt case is not very easy and therefore you may wish to consult an attorney to help you piece together your case and your case presentation.
The attorneys at Mulinazzi Law Office are frequently awarded 100% attorney’s fees in these types of cases from Courts in Howard County, Anne Arundel County, Baltimore, Montgomery, Carroll, and Prince George’s Counties. Our firm works with clients throughout Clarksville, Columbia, Ellicott City, Fulton, Fort Meade, Laurel, Odenton, Olney and nearby areas. https://www.facebook.com/pg/mulinazzilawoffice/posts/ June 5, 2017
If you want to work with an attorney who will help you determine the correct amount of child support and the best and least expensive way to get it for your child, contact our firm online or call 410-290-6270 to schedule your appointment.