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Our firm is involved with several types of court order violations, including child support, visitation, custody, and order of protection violations. Of these, the most common are visitation and child support order violations.

A violation usually occurs when one party doesn’t follow the orders contained in an agreement or court order. For example, the non-custodial parent might not drop off the children in a timely manner in accordance with the court order. When one party has violated that order, the other party can file a petition in family court asking that the court find the person in contempt or violation of that order.

There are several remedies when an order is violated. One such remedy is for the violator to be held in contempt. The violator would be entitled to a hearing as to whether or not they were indeed in contempt. If the courts find that a violation has occurred, a fine or even incarceration can result.

In visitation proceedings, our intention is usually to resolve the issue, which might require that both parties agree to a change. If both parties cannot agree to a change, then the court may have to hold a hearing. That hearing will decide whether a change should be implemented in accordance with what the party is requesting.

The most extreme and punitive remedy for violating any court order is to hold that litigant in contempt of court. Contempt of court could mean up to 6 months in jail for a violation of a court order. It is very unlikely that a judge would hold a litigant in contempt after violating an order one time. However, when someone consistently violates orders, it is not uncommon for judges to make up parenting time or require changes to the order. A judge could even order a change in custody, although that is not common and would likely be done only in response to an egregious violation or repetitive violations.

If a support order is violated, a petition would be brought in front of the court and similar remedies would be available. The court would have to make a determination as to whether the party willfully violated the child support order; if so, the court could hold the person in contempt and impose fines and/or incarceration. If someone is held in contempt for violation of a child support order, the court can set a purge amount, which is a dollar figure that, if paid, would allow the person to avoid incarceration.

Who Should Be Contacted If A Family Court Order Was Violated?

If a family court order was violated, an attorney should be contacted. That attorney would sit down with the client, get the facts regarding how the order was violated, and submit an application to the court that would allow for the family court order to be adjudicated or changed.

How Long Do I Have To Wait Before Filing An Order With The Court For A Violation?

In theory, one violation would justify asking the court to find that a violation has been committed. In practice, the severity of the violation and how egregious the violation is considered to be in the eyes of the court will determine the disposition imposed by the court.

The courts are very careful to balance what’s in the best interest of a child or children when there is a violation. For example, a violation that involves a failure to make phone calls or visit with the child may be viewed less egregious by the court than a failure to return a child during scheduled parenting time.

The process for reporting a custody or visitation order violation by one party requires that a petition or a motion be filed before the court. In addition, various forms of evidence and affidavits with statements about how the order was violated will have to be submitted to the court. The petition would then need to be heard by the court, and there may be a hearing.

For more information on Child Support, Visitation & Custody, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (718) 737-9669 today.

Law Offices of Martin Mohr

(718) 737-9669

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