When you work with my firm, you can be confident that your case is in good hands. I have been serving the Bronx area since 1989, and I am proud to have an in-depth and up-to-date understanding of the various New York and federal laws governing family law matters and divorce. If you are considering filing a petition for a family law concern, do not hesitate to retain me as your Bronx enforcement of court orders lawyer.
Enforcement of Court Orders in New York
Get help obtaining compliance with the terms of your divorce judgment
If your ex-spouse has fallen behind on child support payments, acted outside of your custody arrangement, or violated any other court order, know that you have rights! Our experienced Bronx enforcement of court orders attorney can help you petition the court to enforce your divorce decree.
At The Law Office of Ava G. Gutfriend, your case is in good hands. In my over 30 years of practice, I have helped many clients in the Bronx (and the rest of the 5 boroughs) obtain favorable resolutions in their cases.
With my firm, you are not just another case number. I will take the time to get to know you and your situation. I believe that successful resolution is only made possible by meticulous preparation and planning. That’s one reason why I focus my practice on each client's needs—the other is that I truly care about getting you the best results possible.
Family Court Orders My Firm Helps Enforce
The Law Office of Ava G. Gutfriend will fight to enforce all types of family court orders on your behalf:
- Orders of protection/restraining orders
- Orders of visitation and custody
- Orders of support
- Prenuptial agreements
- Property division
- And more
While there are do-it-yourself programs online, it is recommended to work with a legal professional. Unfortunately, it is very common for people to make mistakes and misrepresent a serious problem as a minor one. A Bronx enforcement of court orders attorney will fight to preserve your rights when your former spouse ignores them.
How Is a Court Order Enforced?
There are many avenues you can take to enforce a court order, the most common being:
- Contempt of court
- Violation petition
- Enforcement petition
- Wage garnishment
Spousal and Child Support Enforcement
The first approach to enforcing a support order will likely be a temporary order to get your former spouse to pay what they owe. A court may also enforce these support orders through wage garnishment. This means support payments will be taken directly out of your former spouse’s paychecks.
Enforcement of Property Division
When property division orders are violated, the initial order may be overturned to benefit the compliant party. Wage garnishment may also be used to enforce these orders.
Child Custody and Visitation Enforcement
Courts may enforce violated custody and visitation orders through petitions. Since there is no money involved in these agreements, wage garnishment isn’t an option. The court may also overturn the initial order and penalize the noncompliant parent with less parenting time.
Enforcing Family Court Orders of Protection
Orders of protection are most often used in cases of domestic violence. If your former spouse violates a family court order of protection, they could be arrested, held in contempt of court, and ultimately incarcerated.
Contempt of Court
Court orders are legally binding contracts; violating them can have serious consequences. When your former spouse fails to comply with a family court order, your lawyer may file an action to hold them in civil contempt of court. This is a severe charge, as it has to do with intentionally disrespecting the court, the judge, and other officers.
A person may also be held in criminal contempt of court, which has more to do with disrupting a court proceeding by yelling at the judge, jury, etc. Most family law cases deal with civil contempt of court—not criminal.
Who Can Be Held in Contempt of Court?
Anyone who has been subjected to a court order (such as a restraining order) or agreed to a court order (like an order of support) may be held in contempt of court.
Your former spouse could be held in contempt of court if they:
- Know about the court order
- Willfully failed to follow the rules of that court order
- Do not have a valid reason for their noncompliance
Penalties and Punishments for Contempt of Court
The goal of holding someone in civil contempt of court is to get them to comply with the court order.
For example, if your former spouse is refusing to pay alimony, civil contempt of court sanctions would end when they resume payments. They may also be ordered to compensate you for related damages. In some cases, your former spouse may need to pay punitive damages.
On the other hand, criminal contempt of court sanctions may lead to jail or prison time.
Professional Assistance with Enforcement of Court Orders in NY
If any of the terms of your divorce judgment are not being followed, our seasoned Bronx enforcement of court orders lawyer will petition the court to resolve the issue. After the petition is filed, a hearing will be set in which your former spouse can explain why they aren’t complying with the court order.
It is in your best interests to have a knowledgeable attorney represent you at the hearing. My practice has been focused exclusively on divorce and family law for 30 years. You can rely on my firm to provide outstanding representation in your court order enforcement matter.
Don’t wait—contact a Bronx enforcement of court orders lawyer today for skilled legal help!