Plano Divorce Lawyer
A person may seek enforcement of a custody or child support order by contempt. There are two kinds of contempt, civil and criminal. A person found in contempt can be punished by either being fined or sentenced to jail, or both. Usually, a person is fined an amount of money every day until they comply with the order or put in jail until they comply with the order.
The elements of a motion to enforce must be pled with specificity giving the person in violation of the order notice of the parts of the order they have violated. The motion must also be served personally on the person violating the order to give them sufficient notice of the proceeding against them.
At the hearing, proof must be submitted either by a preponderance of the evidence for civil contempt or beyond a reasonable doubt for criminal contempt. The court can decide on a fine or jail or can forego these for a community supervision option whereby the person in contempt is placed on probation which can be revoked if they continue to violate the order.
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Law Office of John Denke
Mobile: (469) 328-1653
Office: (972) 436-8000
Fax: (972) 436-8801
401 East Corporate Dr
Lewisville, TX 75057
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Disclaimer: No information or materials posted here are intended to constitute legal advice, and is not applicable to any specific set of facts, especially as to any individual's personal situation. The information contained herein nor the perusal of it does not establish nor constitute an attorney-client relationship with the Firm or its Attorney.