Violating Utah Divorce Decree So your spouse is ignoring the terms in your Utah divorce decree. What can you do about it? Your best option is to try to work with your spouse and convince him/her to adhere to the terms of the Utah decree. But if that doesn't work you will have no choice but to inform the court of the violations. You do this by filing a pleading called an Order to Show Cause. Which basically serves as a court order requiring the violating party to explain his or her actions to the court.
Do you have a good excuse?
There is such thing as a good excuse. Perhaps your children have complained about your spouse, stating that he or her has been abusive in some way. In that scenario it would be natural for a parent to refuse to allow that spouse to take the kids, even if he/she is entitled to parent-time. The risk in withholding your children is the court ultimately might not agree with you, and you could be held in contempt for violating the Utah decree of divorce. On the other hand, if the court agrees that there was some reason for concern, it is unlikely that the court would hold your actions against you.
I've been served with an Order to Show Cause in my Utah divorce, now what?
Getting Served If an Order to Show Cause is served upon you by your spouse, there will generally be a hearing scheduled as well. The hearing is your opportunity to explain your side of the story, and you can also file a counter-order against your spouse. The hearing is typically before a commissioner. The commissioner will generally determine if the violation has occurred, and may set the issue for an evidentiary hearing if a party requests it. The evidentiary hearing is your opportunity to provide proof and evidence that there was a good reason for the violation. Your spouse will be able to provide evidence indicating that the violation was not justified.
If a commissioner determines that there has been a violation and neither party requests an evidentiary hearing, then the commissioner can "certify" the issue for contempt. This is essentially the commissioner telling the judge that there was a violation of the Utah divorce decree, and the party should be held in contempt and penalized in some way. At that point it is up to the prevailing party to set a hearing in front of the judge. However, often times the Order to Show Cause Hearing will scare the violating party street, and you'll never have to actually go in front of the judge. Your attorney can help you determine if it is necessary to set the contempt hearing or not.
If a commissioner determines that there has been a violation and neither party requests an evidentiary hearing, then the commissioner can "certify" the issue for contempt. This is essentially the commissioner telling the judge that there was a violation of the Utah divorce decree, and the party should be held in contempt and penalized in some way. At that point it is up to the prevailing party to set a hearing in front of the judge. However, often times the Order to Show Cause Hearing will scare the violating party street, and you'll never have to actually go in front of the judge. Your attorney can help you determine if it is necessary to set the contempt hearing or not.
Utah Divorce Contempt Hearing
If the contempt hearing does go forward, the judge has broad discretion as to how he/she can "penalize" the party that violated the Utah divorce decree. The judge can adjust custody, fine the party, and even impose jail time upon the violating party.
It is important to adhere to the terms of your Utah divorce decree unless you have a very good reason not to, and you feel like the commissioner/judge will agree with those reasons. Otherwise, you could be held in contempt and the punishment could be severe, as Judge's do no like having their orders ignored, which is exactly what you are doing when violating the Utah divorce decree.
Contact Pearson Law Firm for a free consultation with an experienced Utah divorce attorney. Call 801-888-0991
It is important to adhere to the terms of your Utah divorce decree unless you have a very good reason not to, and you feel like the commissioner/judge will agree with those reasons. Otherwise, you could be held in contempt and the punishment could be severe, as Judge's do no like having their orders ignored, which is exactly what you are doing when violating the Utah divorce decree.
Contact Pearson Law Firm for a free consultation with an experienced Utah divorce attorney. Call 801-888-0991
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