When the court system in New York State issues an order, the parties involved are obviously expected to follow that order, as it is legally binding. Often, the family court system will issue orders for matters related to child support, child custody, visitation, spousal maintenance, the division of assets, and more. If one of the parties involved believes another party is not abiding by the court’s order, they may request the court’s assistance in enforcing the order. The form one files to request the assistance of the court is referred to as a Violation Petition. This is also sometimes called an enforcement petition, as it exists to try and enforce a court order.
When a Violation Petition is filed with the family court system, the court will have to establish that the party in question has willfully violated the order. The party that filed the petition must provide evidence that the order is being violated. In addition, the party who is not complying with the court’s order must show that they are unable to comply for a valid reason. If they continue to defy the court, they can be found in contempt of court.
If you need help enforcing an order, contact us today.
The Pollack Law Firm, P.C. understands that divorce and family law matters can be very complicated and emotional. They require strong legal representation from a compassionate attorney. 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.