What Happens If Someone Violates An Order?

By the time the dust settles in a divorce case involving a family, there are often several court orders that are in place that need to be abided by. When those named in a court order refuse to comply with the terms, they can potentially face fines and jail time. The even bigger consequence for many is how such a charge might affect their relationship with their children and their rights to spend time with them.

At Previtera & Schimmel, our lawyers and staff work hard to help those who are having trouble with order violations and will work with both people to assure their child custody orders and property settlement agreements are filed properly. The necessary modifications can be made in order to continue to serve the best interests of any children involved, and see to it that payments are being made as they should.

Child Custody Orders

Child custody orders are among the most violated court orders. Rather than heading back to their lawyer and asking for help in getting the proper time with their kids, some erroneously try to take matters into their own hands. While fines and jail are a possibility, most of the time the person who violated a custody order is probably facing court-ordered changes in custody arrangements.

The court considers it an equally serious matter when a parent keeps their child away from the other parent when financial support is not provided. Unapproved changes to a parenting plan can potentially reduce the time a parent is able to spend with their child. If a schedule change is needed, it is best to go back to court and get a different order.

Violation Of The Property Settlement Agreement

Often times, before the ink is dry on your property settlement agreement, one party does not fulfill their end of the bargain. Whether it is refusing to sell the former marital home, return marital items, or make a lump sum payment, violation of this contract is taken seriously. Previtera & Schimmel understands the importance of ensuring both parties abide by the terms of the agreement. We include specific language in our settlement agreements to ensure that if the breaching party fails to comply with the agreement, not only will they be held in contempt, but they will be responsible for the innocent party's attorney fees. Call Previtera & Schimmel for legal advice.

If you are having trouble with order violations after your divorce, contact Previtera & Schimmel for a consultation. Call us at 800-580-9136 to schedule an appointment today.