Enforcement suits allow courts to punish parties who violates court orders. The court has various punishment options, called remedies. Ultimately the punishment is meant to reinforce the importance of court orders and deter future violations. If a parent has violated the possession and access (visitation) schedule in their court order, the court can punish them through criminal contempt or civil contempt. If the "wronged party" is asking that the violator be punished through criminal contempt, the court can sentence them to jail, community supervision, or payment of a fine. If the wronged party is asking for civil contempt, the violator can be ordered to pay the wronged party's attorneys fees. The wronged party can also get additional periods of possession to make up for the lost time.

 

The drafting of an enforcement lawsuit is very intricate, one error can cause the entire suit to be dismissed. Hiring a knowledgeable attorney is imperative; no matter if you are the wronged party or the violator. If the other parent has been violating your rights to possess and access your child according to your court order, contact us today. If you have been served with an enforcement lawsuit, you may have a valid legal reason for not following the court order, called affirmative defenses.

 

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