How to Get a Court Order
What is Some Advice on How to Get a Court Order?
In a family law setting, it’s often necessary to secure a court order. Court orders can be used for various concerns, especially where the defendant isn’t following instructions that were issued by a judge.
There are two basics methods in terms of how to get a court order. Court orders can be issued:
- In connection with a court proceeding, such as a divorce, child custody, or family abuse hearing. Here the court order may be issued as part of the court’s final judgment
- As a separate filing from any hearings or proceedings. You’d need to file a motion with the court requesting for the specific type of order that you need. You’ll also need to provide evidence in support of your request. For example, if the other party isn’t paying child support, you may need to present the previous child support order, as well as evidence that they didn’t pay
Securing a court order can sometimes be a complicated process that requires the assistance of an attorney. You should also understand that some orders are temporary, while others last more permanently. Temporary or emergency orders are typically used to enforce the plaintiff’s safety during trial. Then, a more permanent order may be issued as part of the formal judgment for the trial
What are Court Orders Used For?
Court orders can be used for a wide variety of legal issues. In a family law setting, court orders are commonly used for:
- Child custody and visitation
- Spousal and child support
- Protection against abuse, harassment, and stalking, also called a restraining order or a protective order
- Preventing one party from contacting the other party, either physically or through other means of communication (“no-contact” order)
- Distribution of property in a divorce case
- Requiring the defendant to pay monetary damages if they are refusing to pay for the plaintiff’s losses
Generally speaking, if one of the parties is refusing to comply with the court’s instructions, a court order may be filed against them. This means that court orders can be very specific to the legal needs of the party making the request. Therefore, it’s very important to understand exactly what you need to accomplish when researching how to get a court order.
Are There Any Legal Penalties for Not Complying With a Court Order?
Yes- violating court orders are enforceable under law. This means that a party can face legal consequences for a violation of a court order. These can include:
- Being held in contempt of court
- Criminal penalties, such as fines or possible jail time
- Loss of privileges (such as loss of child custody or visitation rights)
- Intervention from legal authorities (for example, authorities may need to remove a child from their custody)
If a court order is being violated, you should not attempt to take matters into your own hands. This could lead to more violations and could possibly put you in danger. You should file a complaint with law enforcement agencies or with the courts in order to have the order enforced.
Do I Need a Lawyer for Guidance on How to Get a Court Order?
If you need help with learning how to get a court order, you may wish to hire a family law attorney for advice and guidance. An experienced lawyer will be able to provide you with sound legal advice in terms of what type of court order you may need. Your attorney can represent you in court during hearings, and can ensure that the judge hears the evidence in support of your request.
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Last Modified: 06-05-2012 03:13 PM PDT