Contempt & Enforcement Orders: What to Do if a Court Order Isn’t Being Followed 

When a court order is issued, it’s meant to establish clear guidelines for all parties involved. However, there are instances when an individual may fail to comply with these orders, whether intentionally or unintentionally. Whether it’s related to custody arrangements, child or spousal support, or property division, not following a court order can have significant ramifications. 

At Iwanyshyn & Associates, we often hear from clients who face challenges when the other party refuses to follow a court-mandated directive. If you find yourself in this position, it’s essential to understand your legal options, including pursuing contempt or enforcement actions. 

Understanding Contempt of Court 

Contempt of court occurs when an individual willfully disobeys a court order, demonstrating a disregard for the authority of the judicial system. For example, if a parent consistently fails to abide by a custody schedule or refuses to pay child support as outlined in an agreement, they may be held in contempt of court.  

Contempt is a serious matter and, in many cases, requires prompt legal intervention to address the violation and compel compliance with the court’s directive. 

The key factor in proving contempt is demonstrating that the violation was intentional. Courts will typically look for evidence that the other party deliberately ignored or defied the order, rather than failing to comply due to unforeseen circumstances or misunderstandings. This distinction underscores the importance of thoroughly documenting instances of non-compliance. 

Steps to Take When a Court Order Isn’t Being Followed 

If someone is not following a court order, it's common to feel frustrated, powerless, or unsure of what to do next. However, there are actionable steps you can take to address the issue: 

1. Document the Violation 

Document each instance where the court order was violated. If the issue pertains to child custody, keep a record of missed visitations or instances where the other party failed to adhere to the agreed-upon schedule. For support-related issues, maintain copies of missed payments, correspondence, or any relevant financial documentation. These records will serve as critical evidence if legal action becomes necessary. 

2. Communicate with the Other Party 

Sometimes, non-compliance occurs due to miscommunication or logistical issues rather than outright defiance. Before pursuing legal action, reach out to the other party to discuss the issue. Keep a written record of these conversations, whether through email or another form of communication, as these can be useful if the situation escalates. 

3. Consult an Attorney 

If attempts to resolve the issue amicably are unsuccessful, it's important to consult a family law attorney as soon as possible. At Iwanyshyn & Associates, we can review the circumstances of the non-compliance, assess whether the violation constitutes contempt, and outline the best course of action to protect your rights and interests. 

4. File a Petition for Contempt or Enforcement 

If the violation is found to be deliberate or an amicable solution cannot be reached, you may need to file a petition for contempt or enforcement with the court. This formally notifies the court of non-compliance and requests intervention. The petition should include evidence of the violation, as well as a summary of how the court order has been disregarded. 

The court will then schedule a hearing to review the case and determine if the other party should be held in contempt. If found guilty of contempt, consequences can include fines, jail time, or changes to the original court order. In some cases, courts may also require the violating party to pay the other party's attorney fees. 

Enforcement Orders: An Alternative Path 

Apart from filing a petition for contempt of court, another option for addressing non-compliance is through an enforcement order. These orders aim to enforce the original court order by requesting that the court take specific actions, such as garnishing wages or placing a lien on the violating person's property.  

Enforcement orders can be effective in cases where the violating party has the means to comply but is refusing to do so. They may also be used in situations where the violating party lives in a different state or country, making it challenging to pursue traditional contempt proceedings. 

Reach Out to a Skilled Attorney Today 

If you’re dealing with a court order that isn’t being followed, don’t wait to take action. The sooner you address the issue, the more effectively you can work toward resolving it. At Iwanyshyn & Associates, we have extensive experience handling contempt and enforcement matters and can help you understand your legal options and take appropriate action to protect your rights.  

At our firm, we approach every case with the dual goal of resolving the issue efficiently and advocating fiercely on your behalf. Whether you need assistance with filing a petition, gathering evidence, or representation in court, we're here to help. 

With offices in Allison Park and Cranberry Township, Pennsylvania, we serve families throughout the surrounding areas. Contact us today to schedule a consultation and learn more about your options for enforcing court orders or addressing contempt.