Order Enforcement in Tyler TX
After a divorce, the court provides a number of accompanying orders. These orders are directions provided by the judge that require spouses to do certain things. In a divorce, these orders typically specify child custody, child support, property division, and spousal maintenance. When someone fails to comply with the requirements set forth in a court order, you can seek an enforcement of that order by the court. A court may also issue temporary orders during the divorce that can be enforced. Restraining and protective orders can also be enforced.
The Sinclair Law Office, PC works with clients navigating the language of court orders. We have helped clients seek enforcements of court orders to ensure that they receive the benefit of the rights they were granted. We have also helped clients who have been accused of violating a court order. Knowing what to do with a court order can be difficult, so we help our clients understand their rights as defined by the court.
Dealing with an Enforcement
If someone has failed to act in accordance with a court order, then you may be able to request that the court enforce the order. Typically it is best if this request is used as a last resort. The type of enforcement that you seek, and the court that you bring your request to, vary based on the type of order in question.
Enforcement of many orders means that the court determines whether or not someone has acted in contempt, which means that the person is being disobedient or discourteous to the court. If someone is found to be in contempt, then they can be fined and/or given jail time. In other cases, a court may enforce an order, particularly child support orders, through wage garnishments, interception of tax returns, suspension of driver’s license, and other forms of punishment.
There are some cases in which a request for the court to enforce an order results in the identification of ambiguous language in the original order. In these situations, the language of the original order is either ambiguous or vague, which can prevent enforcement. If this happens, then you can request that the court issue a clarification and then seek an appropriate modification or enforcement of the original order.
If you have been put in the situation where someone is seeking to enforce a court order against you, then it is important to speak with a lawyer. It is often possible to seek a modification of the existing order so that it is easier for you to fulfill its requests.
How We Can Help
At the Sinclair Law Office, PC we provide our clients with advice related directly to the language of their existing court order and the facts of their current case. Getting a court to listen to an enforcement request requires appropriate documentation and presentation of facts. Equally important is knowing exactly what the court order directed a party to do or not to do. If you think that you may be eligible for an enforcement of a court order affecting you, then you should schedule a consultation with one of our lawyers to review your ground for that request. Even if you do not currently have a case for an enforcement, you may benefit from a modification, which our team can help you develop.
The attorneys at the Sinclair Law Office, PC also defend individuals who have been accused of failing to adhere to a court order. Our attorneys can help you evaluate whether appropriate notice was provided, the order’s language is being interpreted correctly, or the original order should be modified.