Most of the jurisdictions have not yet adopted shared custody as the baseline standard, despite progress being made in this direction. Therefore , numerous capable and one devoted parent will be forced to adhere to standard visiting patterns, which often involve one session per week in addition to each subsequent weekend. A lot of non-custodial parents lose heart at this stage, however that should not be the approach.
Not all parties engaged in a family law issue will abide by the rules, guidelines, directives, and limitations set forth in a court order. Regrettably, a lot of people will try to circumvent the rules or blatantly violate them.
Via all possible constitutional instruments, you must keep fighting for the rights which the government has allowed you. Moreover, you should refrain from making simple errors that may put you into problems.
You should seek what has been known as a “Enforcement of the Order” if you discover that the other side has a history of breaking the conditions or has shown utter contempt towards what the court mandated.
A judge’s order may be enforced in a variety of family law contexts. Attorneys work primarily with the execution of court rulings in a ‘family lawsuit proceeding’. Ponder over the many family law scenarios where a family law attorney can assist you in submitting a petition to implement, in Houston:
- Divorce
- Protective Orders
- Child Support
- Child Custody (including Visitation Rights)
‘Texas Petition to Enforce’ Filing Procedure
You must first submit a request for compliance that details your justifications for requesting the court to carry out the decision in order to begin the judicial procedure for having it enforced. It will be filed in the jurisdiction where the initial court ruling was imposed.
While filling out the petition, one will be required to include facts on the initial court ruling, the justifications for believing that the order has indeed been violated, and relevant material in favour of your claim.
When Is This Plea Used?
A contemptuous act is one taken to uphold a court’s directives. You are requesting that the court detain the individual who is disobeying the court order. If you are able to convince the judge that the defendant deliberately defied the judge’s order, the adjudicator may arrest him or her till the defendant has carried out a strategy to “expunge” themselves of the contempt. For instance, if someone has disobeyed a visitation-based ruling, the judge may find them in disdain, send them to jail, and then offer them the opportunity to avoid jail time and comply with the attempt by adhering to the judge’s visit arrangement.
If the court is persuaded that the individual is impoverished and unable to afford legal representation, the court may impose an advocate to represent the individual since a contemptuous action potentially concludes in the other party being jailed. Nevertheless, the judge cannot choose a counsel for you. You must carefully consider if you should attempt to comply with the court ruling without engaging a lawyer because if the court chooses a representative for the opposing side, which will make it much more challenging for you to complete the lawsuit alone.
Let’s dig into the procedures of enforcing visitation rights as an analogy. The tribunal might have specified the times that perhaps the non-custodial guardian might have custody of the kid in the custody lawsuit orders in a separation or other litigation that affects the parent-child connection. One can petition the judge to uphold the injunction if the primary caregiver has a history of violating these hours or flagrantly disobeying them.
They will go into detailed information about the purported infractions in the request for compliance. They will be required to procure the additional data:
- The legislature’s initial order included a visiting arrangement.
- Arguments in support of the assertion that contact has been denied
- Any eyewitness accounts or other relevant information for every occurrence of an infringement, including the occasions and dates where the rights were breached
- What you are soliciting the court to do with relation to the opposing party
- Additional specifics that are relevant to this circumstance
Once the documentation is finalised, you must submit a petition to the county clerk’s office requesting that the visiting injunction be imposed. The magistrate will then schedule a pretrial hearing to hear the request to impose.
Aspirational Description Of Texas’ Petition to Enforce
The possible results of a motion to enforce are indicated throughout the Texas Family Code. The judge may use contempt to uphold the conditions of the initial order, as in situations involving parent-child relationships. That would also make the opposing party obligated to obey the ruling or face consequences like sanctions and fines.
The court will consider the arguments made in the request for enforcement before making a judgement. A court will consider the request to determine whether your attorney has presented a convincing case for the order’s enforcement. For the reasons listed, it’s crucial to present as much details as possible:
- Determine the rules in the sequence the other party is claimed to have broken.
- Determine which parts of the order you want to be enforced.
- Describe how the other side is not complying.
- Indicate the relief that you, the harmed party, are requesting.
- The court will next determine whether it should implement the decree, hold the alleged infringer in disdain, or require them to pay damages for prior infractions.
For instance, while enforcing a child support judgement, the court may ask the guilty party to pony up arrears (i.e., the amount that was due but wasn’t paid during the infraction phase), in conformity with a court-approved payment schedule.
Collaborate with a Family Lawyer in Houston to Develop a Petition to Enforce
Confer with a family court specialist to further implement the conditions of the underlying judicial order if you think the other side has disregarded them.
They may assist you in submitting a petition to enforce the provisions of an injunction impacting parent-child ties, an order of protection against an offender.
Once your petition is submitted, the family attorneys of Houston will act as your tenacious supporter, fighting for your interests and ensuring that the other party abides by the law.