Enforcing a Court Order in Thousand Oaks
Thousand Oaks Family Law Attorney for Enforcements
As a California Board Certified Family Law Specialist, Attorney Ross is an expert in family law matters, and has more than 40 years of experience in divorce and other family law matters. The firm serves the areas of Thousand Oaks, Oak Park and Westlake Village.
Read the testimonials of clients he has represented in the past and take the time to meet with us if you need assistance enforcing a court order. Having the strength of a family law expert on your side can give you the peace of mind that is so crucial when facing stressful family law issues.
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Failure to Comply With a Court Order
When a party to a family law case, such as one of the following actions fails to comply with the court's directive within a court order, the aggrieved party can seek enforcement of that court order:
When a spouse or ex-spouse fails to provide access to your children for visitation in violation of a custody order, enforcement of the court's order will need to be pursued through contempt proceedings. Changes in circumstance is not a valid reason for not paying court ordered support payments without modifying the court order. You may take action against your ex spouse by way of a contempt proceeding filed with the Court.
A person found guilty of contempt of a court order may also be ordered to pay reasonable attorney fees and costs incurred by the party initiating the contempt proceeding.
In the sometimes “bitter” atmosphere of marriage dissolution proceedings, it is not unusual for the parties to delay carrying out the court’s orders. It is not uncommon for contempt proceedings to be brought, negotiated, and then dropped when a party subsequently complies. However, when this occurs, the violating party may still be subject to attorney fees and/or monetary sanctions at the time of trial of the dissolution proceeding.
Contempt proceedings to enforce a civil judgment or court order are commenced by a prescribed “charging affidavit.” The filing of a sufficient charging affidavit is a jurisdictional prerequisite to a contempt proceeding; without it, any contempt order is void.
Based on a sufficient charging affidavit, which recites the facts constituting the prima facie contempt, the judge must then issue and sign an order to show cause directing the alleged contemnor to appear in court and be heard on the charge or charges at a specified date and time.
Family Law Attorney in Westlake Village: Protecting Your Rights
At Richard Ross Associates, we are fully knowledgeable and experienced in the filing of motions to enforce family law court orders in the communities of Thousand Oaks, Newbury Park, Camarillo and Westlake Village. We are also able to defend against motions for contempt, if you are the party being accused of failing to be in compliance with the court's order.
If you are having difficulties in remaining in compliance with the court's directives or have to move the court to compel another party to comply, please call our firm and schedule a consultation where we can discuss your case and advise you about your case.
Contact us today for assistance enforcing a court order.
I heartily recommend him to anybody in need of a well qualified, results-oriented, family law specialist.
“I would not hesitate to, again, retain the legal services of Richard Ross.”
Our family and our dignity have been restored.
“Mr. Ross and his supportive, competent staff put their hearts into their work and literally turned our lives around.”
The results far exceeded my expectations.
“The entire staff at Richard Ross Associates really helped me through my divorce and they were with me the whole way.”
Extremely thorough and professional!
“Richard has helped me through a very difficult divorce and I can't say enough good things about him.”
Polite, caring, and quick to respond.
“Richard Ross is a subject matter expert in the field of family law.”
This is very important: If you have separated from your spouse before one of you has filed for dissolution of marriage or legal separation, avoid agreeing to and placing into effect a temporary parenting plan arrangement regarding the children unless you will be able to live with this arrangement after the divorce papers have been filed. Once you begin a parenting plan that seems to be working, it becomes the "status quo." It is very difficult to convince a mediator or judge to change the status quo, especially if it is working or appears to be working and is not detrimental to the minor children.
If you have not received a judgment dissolving your marriage before the end of the year, you may file an individual tax return under the status of "married, filing separately" or a joint tax return with your spouse. You should consult your accountant as to the advantages of these options. You may obtain special information booklets regarding tax information for divorce or separated individuals from your local IRS office or read the IRS booklet online.
To file an action for divorce, also known as dissolution of marriage, a person must have resided in the state of California for six months and in the county where the action is filed for three months prior to filing the petition in court. This is true of either the petitioner or the respondent - either person can meet the test and allow a filing. If your spouse meets the residency requirement, you can file even if you do not meet it yourself.
The court can and usually will order you to move out of your residence if your spouse convinces the court that you have been violent toward your spouse or threatened your spouse. You could be given ex-parte notice to be in court the next day because your spouse is seeking an order to make you move out and stay out. You can be ordered to leave immediately and not return even if your spouse is not on the property title or lease agreement! Once you are ordered to leave, it is not likely that you will be allowed to return.
Before you get a divorce, photocopy all relevant financial documents that you can obtain and store them off-site with a trusted friend or relative. Do not store them in the trunk of your car where they can easily be found and removed by your spouse. There may be both personal and strategic reasons not to tip off your spouse that documents are being reviewed for a possible dissolution proceeding. Make copies of documents that you find in the residence and return the original documents to their original location as soon as possible so that your spouse won't notice that they are missing. It is often advisable to make the photocopies when you are sure your spouse is away for an extended time, such as during a workday. It is advisable to gather as many relevant financial documents as possible while they are still available and before they have been removed or destroyed by your spouse. This will significantly reduce the cost of divorce litigation if the documents do not have to be recovered later. It will also permit us to get a true picture of all community assets and debts as soon as possible.