A court order is an order issued by a judge that directs a person to do or not do some specified act. It is legally binding on the person to whom the order is issued. For example, an order issued in a stalking case may direct a person to stay away from the person they are alleged to have stalked and the area near where they are located.
Many court orders may be issued in a divorce case. For example, a court may order one parent to pay child support to the other, or it may issue a custody order on the subject of child custody.
When a person does what they are ordered not to do or does not do something they are ordered to do, they have violated the order. They are in contempt of court.
It is illegal in Texas to disobey specific court orders or requirements in cases involving sexual assault, domestic abuse, sexual abuse, human trafficking, or stalking. The failure to obey other types of court orders can lead a person to end up in jail.
A motion for contempt or motion for enforcement is a move that can be made to enforce a court order. Contempt of court means that a person subject to an order has disobeyed the order directed at them. In some courts, a motion for contempt is referred to as a “request to show cause for contempt.” Every time a person violates an order, they have committed another count of contempt of court. The number of these instances, or counts, may become important at a later time if the person in contempt is punished for their failures.
For example, a motion for contempt may be filed for the failure of one spouse to pay child support or medical expenses for a child. It may be filed for failure to pay spousal maintenance per a court order. Each occurrence of a failure to pay as ordered should be listed in the motion for contempt.
A motion for contempt must be served on the person who is claimed to have violated the court order. That is, a copy must be delivered to them. Generally, this is because courts do not want to issue orders or impose sanctions or punishment on people who have not had the opportunity to appear in court, present their side of the case, and argue against sanctions or punishments.
After the person claimed to have violated a court order receives a copy of the motion, a hearing can be set for a date that is 21 days after the date of service. The person who is claimed to be in contempt must be notified of the date of the hearing.
During the hearing, the person claiming the violation of an order must prove it. The party alleged to have violated the order tries to show that they are not in contempt and that they followed the court order. The person may also try to provide reasons for which they could not abide by the requirements of the order.
In the case of late child support, even if the party who has violated the order comes to court with the funds to pay the missed payments, the judge may order jail time.
Are a Court Order and a Subpoena the Same Thing?
A subpoena is a type of court order that an attorney may issue without action by a court. A subpoena orders a particular person to appear in a certain location at a specific time in order to provide testimony during an investigation or a lawsuit.
Before a lawsuit is ever filed, attorneys general and district attorneys have the legal authority to subpoena witnesses to testify for an inquiry.
When involved in a case related to a subpoena, the following people have the authority to issue subpoenas:
- A judge presiding over a trial or other legal action;
- The clerk of the court in a case that is still pending;
- A person who represents one of the parties in court;
- An attorney who works for a government entity, such as an attorney general or district attorney.
A subpoena duces tecum directs a person to appear and to bring any documents or other tangible items identified in the subpoena with them. If the person who receives a subpoena fails to comply with it, the attorney or other official who issued the subpoena may go to court to seek enforcement of it.
What Various Kinds of Court Orders Are There in Family Law?
Several different kinds of orders may be relevant in a divorce case. The orders might be either permanent or temporary and short-term.
A judge may order one parent to temporarily pay child support in connection with granting temporary custody while the case is pending before the court issues a final decree of divorce that addresses child support and custody.
A court may issue a temporary spousal support order that directs one spouse to pay another spousal support until the court can conduct a trial of the issue and issue a final decree.
How Do Temporary and Permanent Orders Differ?
Once more, temporary orders are only intended to be in force for a limited period of time, usually spelled out in the order. The rationale behind a temporary order is that it is only in effect while a full hearing or trial on the matter is pending. There can be temporary restraining orders, or TROs, in family court proceedings.
One significant TRO in a divorce case is designed to prevent spouses from disposing of or selling marital property while the divorce is pending. It can also place restrictions on other activities, such as travel, especially with children, if custody is an issue in the case.
A judge could be asked to impose a Child Protection Order (CPO) to help prevent any domestic violence issues involving the children of the marriage. These temporary directives have a set expiration date but may be extended if the situation calls for them and the proper legal procedures are observed.
Permanent orders are typically granted after court hearings have been held. These orders are not intended to be granted in an emergency and must be supported by evidence that is presented during a court hearing.
Final divorce judgments, permanent child support orders, and permanent child custody and visitation orders are examples of court judgments that are designed to be permanent. However, they can be altered if necessary later.
What Distinguishes Physical From Non-Physical Orders?
It is possible for a court order to be permanent or temporary whether or not it is physical. For example, an order that directs someone to stay away from another person or refrain from assault on family members can be temporary or permanent. Of course, as noted above, a court order directing one spouse to pay spousal support or child support to the other may be temporary or permanent as well.
One type of temporary order that a judge might issue is a temporary restraining order (TRO), also referred to as an Emergency Protective Order. These TROs are short-term, pre-trial temporary injunctions. Special rules apply to them because they are issued before the person who is subject to the order has had an opportunity to appear in court.
To obtain a TRO, a person must convince a judge that they would suffer immediate injury if the order is not issued. The judge may be convinced that a TRO must be issued. If so, the judge issues the order immediately without informing the person who is subject to the order or giving them the opportunity to appear and argue against it. Of course, once the TRO is issued, it must be served on the person whose conduct it constrains.
However, TROs have short lives. They are time-limited, usually lasting for 14 days. Sometimes, a court may extend it for an additional 14 days. After that, it expires. The party who sought the TRO must seek a permanent restraining order against the person whose conduct they want to subject to a court order and must give notice of the hearing on the permanent restraining order to the other party.
Then, the court must hold a hearing at which the person who is to be subject to the injunction can appear and argue against it if they wish. A judge’s decision on the question of whether or not to issue a TRO generally may not be appealed.
Other kinds of orders that may be temporary are only issued by a court after the court has held a hearing and heard from both parties.
When Will Someone in These Cases Be Charged With Disobeying a Court Order?
A violation of a court order may lead to a person being found in contempt of court. In Texas and in other states as well, violation of a temporary or permanent protective order is considered a criminal offense. A person can be arrested by the police, brought before a court, and convicted of a crime.
A person can be arrested if the police have probable cause to believe that the person violated the TRO. Probable cause can consist of the admission of the person who violates the order, witness statements, and/or physical evidence. If the violator is deemed to be a danger to the victim, the violator may be held in jail without bail until they have a court hearing.
In a court hearing, a judge considers the evidence presented to determine if a violation has actually occurred. Again, in Texas, if the violator is found guilty of violating a temporary or permanent restraining order, they are convicted of a Class A misdemeanor.
Usually, if it is the violator’s first offense, they may be able to receive probation instead of jail time.
Once the ruling has been determined, the protective order remains in place.
What Is the Penalty for a First Offense of a Court Order Violation?
This legislation classifies the first instance of disobeying a court order as a Class A misdemeanor. A Class A misdemeanor carries the following penalties:
- A year in the county jail;
- Payment of a fine of up to $4,000;
- Both county prison time and payment of a fine.
In addition, a violator may have to pay the victim’s attorney’s fees and attend counseling. They also are not allowed to carry a weapon.
In Texas, Is Disobeying a Court Order a Felony Offense?
Under this legislation, disobeying a court order becomes a felony offense if the offender has been convicted of the offense 2 or more times before, has assaulted the victim, or has stalked the victim. Recurring offenses elevate the crime to a third-degree felony, which is punishable by:
- A sentence of imprisonment for 2 to 10 years;
- Payment of a fine of up to $10,000;
- A state prison sentence as well as payment of a fine.
Should I Consult an Attorney?
A court order violation is a significant offense, particularly if it occurs more than once. If you have been sued for violating a court order, you want to consult a Texas criminal lawyer to learn how to defend yourself against this criminal charge.
If you have been charged with violation of a court order, you need an attorney as soon as possible. Your freedom could be at stake. Violation of a court order is a criminal offense. You do not want to try to fight these charges on your own. Use LegalMatch.com to find the right lawyer for your needs today.
If you have failed to obey a subpoena or other court order in a civil lawsuit, you also need to consult a Texas lawyer. Your lawyer can tell you whether you need to obey the order and what to do if you have not done so to avoid additional problems.
