Enforcing a Court Order in NY
Any time the court makes a decision related to a matter of divorce or family law, the individuals involved are legally obligated to abide by what the court ordered. Unfortunately, there are often times when one of the parties neglects to follow a court order. Often, when there is a willful violation of a court order, one of the parties becomes a victim. These situations may require the person who has been victimized to request help from the court to enforce the order.
For an individual to ask for assistance in enforcing a court order, they must file an enforcement petition with the court. Please note that sometimes, the enforcement petition is referred to as a violation petition. Once the enforcement petition has been filed, the court will have to do an investigation to determine whether the individual in questions has willfully violated the court order. If the investigation finds that the person did willfully violate the court order without having a “good” reason to do so, they can face serious penalties. Some of the penalties that the court can impose on an individual include but are not limited to:
- wage garnishing
- passport denial
- garnishment of lottery winnings
- back pay in a lump sum
- being held in contempt of court
- warrant for an arrest
If you have questions about how you can enforce a court order, contact our firm today.
Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.