Contempt & Enforcement
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Fortwayne Divorce Law understands how trying a divorce can become. We want to help you make the best choices, the right choices for you and the ones you love.
Through our online and in person services, we are committed to help you obtain the outcomes you want and need in order to move forward with your life plans and goals. Ideally, we would like to help you move through a peaceful and rational divorce process. Although this doesn’t always end up being the case, we will give you our very best so you can work towards a healthy, sustainable future.
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An Introduction to Contempt and Enforcement
Navigating any kind of divorce is no simple or stress-free thing for anyone. It in many cases calls for a lot of learning, too. If you want to get through a divorce, then it may help you to learn about a vast range of pertinent topics. It may even help you greatly to learn the ins and outs of contempt and enforcement. If you want to learn about these topics, then you first have to be able to define the nature of them.
What exactly is contempt? It describes an individual not being willing to abide by an order that’s legal. If an individual essentially ignores a judge’s wishes, then that is contempt, plain and simple. If a father has no intention to cover support payments for his kids, then that could be a sort of contempt.
Once a judge goes forward with any kind of ruling in the courtroom, then it basically connects all of the people who are a part of it to some degree. It isn’t unheard of, though, for people who are part of rulings to dismiss orders. It isn’t unheard of for people to ignore courts and their desired courses. There are a couple of techniques that can help carry out rulings that are legal, though. One is contempt. The other is enforcement. If an individual or a group who is part of your case decides not to abide by an order, then a lawyer can move forward with a contempt or enforcement track.
Managing Contempt and Enforcement
People sometimes wonder what exactly courts do as a means of managing enforcement. Enforcement in many cases is centered around initiating contempt proceedings. If an individual is thought to be guilty of contempt, the judge may penalize him or her by giving out an order that involves a fine. This penalty may involve going to prison. It may involve a combination of the two pathways.
Some people have questions that relate to restrictions that are under the enforcement umbrella in the legal realm. If you’re a part of any kind of divorce, then there may be a decree that covers orders that ask parties to tackle designated debts, responsibilities or liabilities. Contempt does not have the power to enforce orders that revolve around these subjects. That’s due to the fact that the law does not permit imprisonment that’s associated with not paying debt. Child support is different. Courts can enforce this kind of payment because it’s not classified as being any type of debt at all. It’s classified as being something that mothers and fathers need to give their kids, plain and simple.
A Look at Contempt
Contempt exists in a couple of different classifications. Criminal contempt is one variety. Civil contempt is yet another. Criminal contempt penalizes a legal party for not abiding by an order that’s in place from a court. Civil contempt, at the other end of the spectrum, is not the same. It’s typically utilized as a means of motivating parties to abide by judicial decrees and orders that are out there. If a judge completes an order that involves a party covering child support, that may be the beginning of civil contempt. It can be civil contempt if the party is able to pay but still says no to the whole concept. The court may take tangible action as a means of guaranteeing that the party eventually abides by the order. The party may even be placed in prison for a while.
Criminal contempt exists in two separate classifications. Direct contempt exists. The same thing applies to indirect contempt. Direct contempt describes a form of contempt that takes place basically right in front of the court. If an individual constantly mentions strange topics that a judge has indicated are not pertinent at all, then that could be a form of direct contempt in play. Indirect contempt is a whole other ballgame. It’s something that takes place away from the courtroom entirely. If a person tries to bribe the “other side” in any way, shape or form, then that could be a sort of indirect contempt in the works.
If an individual has been granted monetary support yet isn’t getting it, a lawyer can request that the court go forward with either civil or criminal contempt proceedings.
A Look at Enforcement
If a judge finishes a ruling that’s legal, that may not be the finale at all. Judges occasionally order single parties to cover alimony or child support payments. The party, however, may object to the whole notion of abiding by the order. A party may receive an order that involves an equitable distribution decree. It may object to abiding by the decree as well.
Enforcement is a word that revolves around proceedings that are required as a means of making individuals abide by orders that were established by courts. Courts enforce all sorts of different orders, too. These orders cover all sorts of relevant topics that are out there. These topics include but are not limited to visitation, child support, spousal alimony after divorce and even property divisions.
In All Fairness
You owe it to yourself and your family to maintain safety, security, and fairness for all parties involved. Whether your ex failed to show up to court or you need to reinforce a restraining order, the law is on your side. Our team at Fortwayne Divorce Law is in your corner.
Court Order Violations
It can be quite overwhelming for many people to be able to comprehend family court orders. It can be quite difficult for many people to be able to grasp court orders in general. Court order violations exist in many forms. If a mother or a father doesn’t collect their kids in a prompt manner, that can be a type of violation. If a mother or a father brushes off the concept of covering child support entirely, that can be a type of violation all the same.
You don’t have to go into panic mode if you’re someone who has no clue about divorce topics. It can be bewildering to have to think about contempt and how it works. It can be just as bewildering to have to think about the fundamentals and the nuances of enforcement. Call our adept team today to find out more about these relevant and significant legal subjects.