Contempt and Other Enforcement Actions
Any order issued by a Georgia court is legally binding and enforceable, and this includes the many different types of orders entered in family law cases. Most parties are aware that they are obligated to comply, but there are some who shirk their responsibilities. If you were affected because your ex or another party failed to follow a family law court order, you do have options through contempt and other enforcement actions. It is possible to tap into the court’s powers to get a party to comply and potentially impose sanctions for misconduct.
However, the legal process and procedural rules are complicated. You are in a better position to protect your rights when you have experienced legal counsel at your side, so please Kresky Law to learn how our team can help. We can schedule a consultation with an Atlanta family law attorney who will explain how contempt and other enforcement actions work. An overview of the key points is also useful.
Reasons to Pursue Remedies for Contempt
Because a judge’s order has legal effect, a violation is considered contempt of court. There are different options for civil contempt, in which you request that the court enforce its order through penalties against the party who did not comply. You might need to consider these options if you are encountering challenges with key areas in divorce cases:
- A court order on property division might require one party to transfer title or take other official action. The court might order fines for every day of noncompliance.
- If the party who is ordered to pay alimony fails to do so, the judge might use financial penalties or even wage garnishment.
- Violations of child custody, visitation, or support orders are also matters of contempt. A parent might request that the court modify its order or request that parenting time be restricted.
Whenever you go to family court in a contempt case, you will also typically qualify for interest on misappropriated amounts and attorneys’ fees.
How to Enforce Family Law Orders
If you are the aggrieved party, you start the process by filing a petition in which you request that the court find a party in contempt or take other enforcement action. The proceedings will be similar to a trial, in which you must prove the violation of the court’s order and request appropriate relief. Our Atlanta attorneys at Kresky Law will support you throughout the process, so you can trust us to:
- Gather and organize evidence regarding violations of the order
- Prepare a petition for contempt and other enforcement action
- Represent you in court for a hearing on your petition
Discuss Remedies with an Atlanta Family Law Attorney
If you are experiencing challenges due to someone’s noncompliance with a court order, it is reassuring to know that you have options through contempt and other enforcement actions. The team at Kresky Law is prepared to assist with legal remedies, so please contact our firm to set up a consultation. A Georgia family lawyer can provide additional information about your rights.
