Aurora Family Law Attorney
In any family law or divorce proceeding, parties will usually have any and all disputes resolved by a court order. A court order specifies the obligations of each party and is entered by agreement or by ruling of the court. Orders may also be entered as temporary or permanent, depending on the nature of the issue and the status of the particular case. Every court order requires strict compliance and remains in effect until further order of court.
Call our Aurora family law attorneys at (630) 901-8700 and get legal counsel today.
Understanding Court Orders and Contempt of Court
Court orders in family law and divorce-related actions will usually involve:
- Child support obligations
- Parenting time
- Allocation of decision making authority
- Settlement agreements
- Alimony/spousal maintenance
- Exclusive possession of the marital home
- Other temporary and permanent relief
In the event either party violates a court order or fails to comply with its terms, the aggrieved party may seek the order's strict compliance through the court. The aggrieved party will seek to hold the non-compliant party in "contempt of court" for violation of a court order. If a party is found to be in violation of a court order, the non-compliant party can be incarcerated until the party "complies" with the court order.
For example, a party that refuses to pay court ordered child support may be held in contempt of court and be taken into custody until he/she pays the outstanding arrearage of court ordered child support. As you can see, the non-compliant party can "purge" his contempt by complying with the court's order.
Petition for Rule to Show Cause
The mechanism in place to hold one in contempt of court for violating a court order, is the Petition for Rule to Show Cause. By filing this petition and providing notice to the non-compliant party, you are asking the court to require the non-compliant party to "show cause" why he/she should not be held in contempt of court. The aggrieved party must establish a prima facie case that the non-compliant party willfully violated a court order.
If the court determines that a prima facie case has been made, the burden of proof shifts from the aggrieved party to the alleged contemnor. Now the alleged contemnor has to provide proof that, more likely than not, they either did not violate the court order, or, if the order was violated, that said violation was not willful.
Contact an Aurora Divorce Lawyer for legal representation in any family law matter today.
(630) 901-8700
The Law Offices of David Lee is available in Kane, Kendall, Dupage, and Dekalb Counties
