Enforcing Court Orders in Texas
As a family law attorney, I have extensive experience in both bringing and defending enforcement actions related to court orders. Whether it is child support, visitation, property division, or electronic communication, I understand the complexities involved in ensuring compliance with these orders. My wide-ranging experience has shown me that each case is unique and requires a tailored approach. Seeking contempt of court for violations of a court’s order is a serious matter, involving additional constitutional protections and is considered a “quasi-criminal action.” This means the accused has rights similar to those in criminal cases, such as the right to legal representation and a fair hearing.
I have successfully navigated the intricacies of enforcement actions at various stages, from early in a case following a preliminary ruling to several years after a final order has been entered. My approach involves a thorough review of each case to determine the best strategy for bringing an enforcement or defending an enforcement action. I am committed to ensuring that my clients receive fair treatment and that court orders are upheld, providing stability and justice in situations that can significantly impact the lives of those involved.
Contempt of Court
Seeking contempt of court for violations of a court’s order is a serious matter, as it involves additional constitutional protections. Contempt actions are considered quasi-criminal, meaning the accused is entitled to certain rights similar to those in criminal proceedings, such as the right to an attorney and a fair hearing. Contempt can result in jail time, fines, attorneys’ fees, or any combination thereof, depending on what the court deems appropriate. Enforcement actions seeking contempt can be brought early in a case after a preliminary ruling or many years after a final order has been entered. Each case is distinctive and must be reviewed independently to determine the best approach for enforcement.
Child Support
Visitation
Visitation rights are essential for maintaining the parent-child relationship, and any violation of court-ordered visitation can also be addressed through enforcement actions. If one parent denies or interferes with the other parent’s visitation rights, the aggrieved parent can seek enforcement through the courts. As with child support, holding a person in contempt for violating visitation orders involves constitutional protections and is considered a quasi-criminal action. This means the accused has certain rights, such as the right to legal representation and a fair hearing. Enforcement actions can be initiated soon after a preliminary ruling by the judge or years after a final order has been entered.
Property Division
Property division orders must be followed to ensure fair distribution of marital assets. When one party fails to comply with a property division order, the other party can seek enforcement through the court. This may involve holding the non-compliant party in contempt, leading to potential penalties like jail time, fines, and attorneys’ fees. The procedures and time limits for enforcing property division orders vary, and each situation must be reviewed carefully to determine the appropriate course of action.
Electronic Communication
In today’s digital age, electronic communication can play a significant role in maintaining parent-child relationships, especially in cases where one parent lives far away. Court orders regarding electronic communication, such as scheduled video calls or messaging, must be respected. Violations of these orders can also lead to contempt proceedings.
