According to the law office of Robinson and Henry PC, intentional disobedience of a court order is referred to as contempt of court and the violating party is typically faced with remedial or punitive sanctions. Remedial sanctions require the violating party to immediately cooperate with the court order. Punitive sanctions are designed to punish the violating party and can range from fines to jail time.Know More
The Shouse California Law Group explains that penalties for violating a restraining order issued by the court include court fines and penalties, victim restitution and counseling services. The violating party can also be ordered to relinquish any currently owned firearms, as well as be prohibited from purchasing any new firearms for the remaining length of the protective order.
According to attorney Laura Robbins of Laura Robbins Law in Pennsylvania, there are various reasons why individuals fail to follow court orders ranging from unintentional circumstances to direct refusal. In family court situations, contempt of court penalties range from financial compensation to incarceration. Examples of family court contempt include non-payment of child or spousal support and violation of specific custody orders. Attorney Robbins also explains that it is not always necessary to file a contempt of court action the moment one party believes the other is in violation, as many family law issues can be resolved between the two parties or their attorneys outside of court.Learn more about Law
A person cannot avoid a subpoena simply by not being present and if the person is served with a subpoena and does not appear in court then the individual can be punished for contempt of the court, reports Cornell University Law School and the Zurin Institute. However, most of the time the subpoena cannot be issued unless there is an existing civil, administrative or criminal proceeding.Full Answer >
A rule nisi in a civil case is a form of contempt of court in which a party is required to show cause as to why he does not have to comply with past rulings ordered by a judge, states Riley Law Firm. Rule nisi is often used in civil cases, such as divorce, to compel one party to adhere to rulings regarding child custody, property and alimony.Full Answer >
Lawyers freeze assets during a divorce by filing a motion in court or obtaining an automatic temporary restraining order, or ATRO, according to Forbes magazine. In some states, ATROs are mutual orders that prevent spouses from selling property, changing insurance policies, switching bank accounts and hiding financial assets.Full Answer >
A show cause hearing is a court proceeding wherein one party seeks relief from another by presenting facts for or against a show cause order, according to Nolo. In divorce proceedings, a show cause hearing occurs when one party believes the other is not following court-ordered visitation, child support or parental rights. A judge makes a show cause order based on the facts presented during the show cause hearing.Full Answer >