Court orders, such as custody arrangements, child support, visitation, or restraining orders, are legally binding in Ohio. Failure to comply with a court order can result in stress, conflict, or worse – legal implications. Ohio law provides a clear legal framework for court orders, as well as procedures to enforce them, but the process requires specific steps and deadlines.
In this article, we will guide you on what steps to take when a court order isn’t being followed in Ohio.
Common Situations Where Ohio Court Orders Are Ignored
A violation of a court order is happening if you find yourself in one of these scenarios:
- Custody or visitation violations: When a parent denies a scheduled time with a child.
- Child support or spousal support violations: When one party fails to pay the court-ordered alimony.
- Civil protection order violation: This is relevant for domestic violence or stalking orders.
- Property division orders: In case of a divorce, disobeying these orders is a direct violation.
- Ignoring court-ordered obligations in civil judgments, such as paying damages or transferring property, is also a violation.
Document the Non-Compliance
In the event of a court order not being followed, it’s important to document what’s happening. Here’s a simple checklist on how to do that:
- Make sure you keep a detailed log of each violation – dates, times, and what happened.
- Texts, emails, voicemails, and other written communication are proof that the court order isn’t being followed – save them.
- If someone has observed the violation, gather their witness statement.
It’s crucial to keep thorough documentation, as it will help you prove your claim when you ask an Ohio court to enforce an order.
Attempt Informal Resolution
In some cases concerning civil or family matters, many people’s first approach is a calm conversation, or a written request. This often helps resolve the situation without the court getting involved.
You must document your above attempts, as Ohio judges will often look favorably on parties who attempted an informal resolution of the issue first. It’s very important to avoid threats or self-help measures – you must never violate the order yourself in attempt to even the score. This can result in unfavorable consequences.
Legal Steps to Enforce an Ohio Court Order
In the case it’s necessary for a court order to be enforced in Ohio, these are the legal options available:
- Motion for Contempt (Ohio Civ. R. 75 for domestic relations, Civ. R. 70 for other civil orders): Contempt means that someone has knowingly disobeyed a valid court order. The motion asks the court to find the violator in contempt, and to impose remedies.
- Possible Penalties: In an Ohio court, possible penalties are payment of back support, imposing fees, awarding attorney fees, requiring that parenting time is made up for, or, in serious cases of repeated violations – jail time.
- Modification of the Order: Sometimes, circumstances change. If the changes are substantial, filing for modification could be appropriate (e.g. parenting schedules, or support amount).
Local help is available to you. Forms and instructions for contempt motions are provided by county domestic relations courts and clerk of courts offices.
Avoid Common Mistakes
If a court order has been violated, you may think that retaliation is appropriate. In reality, it is not. You should not withhold your own compliance, for example, refusing visitation or stopping child support payments, as this can result in your own contempt finding.
Additionally, you must avoid venting on social media. Posts on social media can and may be used against you.
In case of filing a motion, make sure you do so in the same Ohio court where the original order was issued, and follow local filing rules to avoid delays.
When to Seek Legal Help
Although the above steps can be effective, there are some cases where legal guidance is needed. If violations of the court order continue despite your informal attempts and documentation, or if complex remedies are needed (e.g. wage garnishments or custody changes), an experienced Ohio attorney can help you.
At David Shook, we offer a breadth of experience and deep expertise in cases of court order violations. If someone is ignoring a court order, you have the right to enforce it. One of our seasoned attorneys will make sure that the necessary motions are drafted and will present your evidence effectively.
Contact David Shook today to schedule a consultation with us, and we will explain your legal options to you. It is our goal to protect your rights and your family’s well-being – let us help you.