Court orders in family law cases are final and binding. This means that both parties must abide by the stipulations set forth in the court order. Whether the court order pertains to child custody and visitation, spousal support, division of assets and property, or other family law or divorce matters, both parties must perform the necessary functions as regulated in the order. If your ex-spouse violates a court order by failing to perform the actions required in the order, or by performing actions not permitted in the order, he or she may be held in contempt of court.
In the state of Oklahoma, contempt of court is divided into 2 categories. The first category, known as direct contempt, occurs when someone willfully interferes with the judicial process in court. The second category, known as indirect contempt, occurs when a person disobeys or otherwise violates a court order outside of court. Violations of family law court orders fall under the second category, and are punishable as serious offenses.
Violations of family law court orders may involve:
- Failing to provide payment for child support or alimony
- Contacting a person even when a restraining order is in place
- Refusing to give up a child for shared custody or visitation time
- Failing to take a child for shared custody or visitation time
- Other actions or inactions that go against court orders
How Can You Pursue a Legal Remedy If Your Ex-Spouse Is Violating a Court Order?
In the state of Oklahoma, you may file an Application for Contempt if your spouse has violated a family law court order. You must prove that a violation has actually taken place, and that the other party acted willfully and intentionally in violating the order. By doing this, you can to try to enforce the original court order and punish the defendant for his or her actions.
Once you file the Application for Contempt, an arraignment date will be set. At the arraignment, the accused party may plead either guilty or not guilty, and a trial date will be set. During the trial, both sides will present evidence in support of their arguments, and the court will make a decision regarding guilt and sentencing.
The defendant may claim that the accusation of violating the court order is false, and that the violation never actually occurred. Having evidence such as witness statements, cancelled checks, and other documentation is essential to prove the guilt of the defendant. However, you must show that the defendant acted with willful disobedience in violating the court order.
Those convicted of violating a family law court order may be subject to:
- Jail time
- Counseling or parenting classes
- Future hearings to enforce the original order
Experienced Family Law Attorneys Serving Oklahoma City
At Mazaheri Law Firm, we provide knowledgeable legal service to clients in family law and divorce cases. We can discuss your situation and conduct a thorough investigation to determine whether or not a willful violation of a court order occurred. The family law system can be complicated and stressful. That is why our Oklahoma City family lawyers can guide you through the process. We can determine an effective legal strategy and tenaciously represent you in court as your pursue a favorable outcome.
Contact our firm today for a consultation. We offer services in Spanish, Hindi, Farsi, and Malayalam for your convenience.