If an ex-spouse, partner, or family member fails to follow the terms of a court order in Ohio, measures can be taken to enforce the court order with the help of a family lawyer.
Various mechanisms are used to enforce court orders and protect your legal rights, most notably by filing a motion for contempt. This leads to a hearing where the non-compliant party must explain the failure to follow the order. A judge will decide if penalties should apply—if so, fines, jail time, or other measures may result.
The family lawyers at Nielsen Miller Law in Columbus, Ohio, can help with enforcing a court order if you are experiencing issues with another party failing to uphold court decisions.
What is the enforcement of a court order?
Court orders are legally binding directives issued by a judge or court after a hearing or trial. They require the subject of the order to take certain actions—or refrain from taking certain actions—and are enforceable by law.
Family law court orders in Ohio commonly include the following:
- Child custody and visitation orders
- Child support orders
- Spousal support orders
- Property division orders
- Civil judgment orders
- Restraining or protection orders
If the subject of the order fails to comply with its terms, enforcement can be initiated to force the offending party to comply or face the threat of fines, sanctions, or even jail time, in extreme circumstances.
Whether an ex-spouse is not paying child support or spousal support, is denying visitation, or breaching the terms of a protection order, the precise enforcement measures vary depending on the content of the order.
How do you enforce a court order in Ohio?
One of the most common ways to call out someone who intentionally fails to comply with a civil court order is to file a contempt motion—but other remedies may be available too, depending on the nature of the non-compliance.
Before acting, read the court order carefully and decide if the “offender” is deliberately disobeying it. Misunderstandings happen, and it’s best to clarify that the non-compliance is not merely because of a breakdown in communication before initiating any legal proceedings.
Provide the subject with a “second chance” to comply with the court order by sending an email or text, being sure to keep copies, as they may be required for evidence later. Some misunderstandings or disputes can be settled simply through better communication and negotiation, which is preferable for all concerned.
Filing for contempt
Filing a motion for contempt at a local court in Ohio requires suitable evidence to be presented. For this reason, most people enlist the help of a lawyer to represent them.
You will need to prove the following about the other party:
- They are aware of the order
- They are able to comply with the order
- They lack a valid reason for disobeying the order
When you file a motion for contempt, you will need to provide details about the original court order, explaining what the requirements are, and a sworn statement detailing how the other party is failing to follow these requirements.
With a motion for contempt, you will need to request an Order to Show Cause, which commands the other party to attend a court hearing to provide their side of the story. The other party has the right to legal representation, too.
At the hearing, the judge will decide if there is enough evidence to prove that the other party is in contempt by intentionally disobeying the order. If so, action will be taken to attempt to enforce compliance.
Possible enforcement measures
The enforcement measures taken by the court will depend on the requirements of the court order.
For non-payment of support, measures may include wage garnishment (automatic deductions from earnings). Other actions can include property liens, license suspension, intercepting tax refunds, garnishing bank accounts, and an order to pay the legal fees and court costs of the offended party.
In matters regarding parenting and visitation, the court may need to take action to ensure that a parent drops off or picks up the child on designated weekends, for instance. The court may also order extra parenting time to make up for any missed time.
Further non-compliance by the offending party within a certain deadline can result in fines, jail time, or other sanctions.
Can a court order be enforced by law enforcement in Ohio?
The police or other government agencies are sometimes involved in the enforcement of court orders in Ohio, depending on the type of order.
Law enforcement may be able to enforce protection and restraining orders, in cases of domestic violence or stalking, for instance. Violating such orders is a criminal offense, and police can arrest the violator on the spot.
Other criminal court orders, such as probation terms, arrest warrants, and no-contact orders, may also be enforced by the police.
With serious child custody and visitation order breaches, law enforcement may intervene—for instance, if a child has been abducted by a parent. However, a motion of contempt is usually required before the police become involved in civil cases.
Child Support Enforcement Agency (CSEA)
The Child Support Enforcement Agency (CSEA) in Ohio has the legal authority to enforce court orders related to child support.
Child support is the right of the child, and the matter of contempt is specifically addressed under Ohio Revised Code section 3119.69. If an ex-spouse intentionally fails to pay support, the CSEA can investigate and file for contempt for failure to pay child support.
Get help from a family lawyer to enforce a court order in Ohio
The lawyers at Nielsen Miller Law can provide a personalized assessment of your case, help with filing motions for contempt, represent you in court, and coordinate with enforcement agencies, if necessary.
Contact us today for a 30-minute consultation or call us at 614-505-5555 to discuss your situation in more detail and to learn how our experience and resources can work for you.
