What remedy is available if a temporary order concerning visitation is violated?

There are various approaches to bring the violations of an order to the attention of the court. The most harsh remedy for violation of the temporary orders of the court would be technically a contempt action, which is a separate lawsuit, involving filing fees, new service upon the person who violated the order. Because contempt actions involve a quasi-criminal situation, meaning that if the person sued is found in contempt of a civil order, they risk suffering incarceration, and the person sued may choose to remain silent. Another approach to inform the court would be through either a Motion for Additional Temporary Orders, or a Motion for Sanctions. Either or both of these motions could be brought without additional expenses of filing fees or service of process. Additionally, attorney’s fees may be sought, along with other more creative sanctions, which could be tailored to the circumstances of your case. For example, make up time visitation orders can be requested. Finally, since jail is not a potential sanction under these options, the person sued may NOT remain silent. In other words, the court can compel answers to questions asked at the hearing.

Call 214-373-9292 or contact us to discuss your concerns.

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