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Use the Court’s contempt powers to enforce a prior Order.
Contempt Powers of the Court
In Rock Hill, once an Order has been issued by the Family Court, whether it is “temporary” or “final,” it is enforceable by the Family Court. All parties subject to the Order are bound to comply with the terms and orders found in it. The enforcement powers of the Family Court are known as the “Contempt Powers,” and are outlined by the South Carolina Code of Laws as follows: (1) up to one year in prison, (2) a fine up to $1,500, and/or (c) up to 300 hours of community service. The severity and the type of punishments can depend on who the Family Court judge is who issues the punishment, and the punishment can often also include attorney’s fees to be paid by the party found to be in contempt.
In order to be punished by the Family Court, a party must be found to be in “willful contempt of court.” In order to be found in willful contempt, a party must be found to be willfully and intentionally violating the Court’s order. The party must have the ability to comply and intentionally choose not to.
Rule to Show Cause
The legal action taken in South Carolina Family Court to enforce an Order is called a “Rule to Show Cause.” The complaining party must file a Complaint of Contempt and must show to the Family Court that some violation of a past order is occurring. Then, a judge will issue an “Order and Rule to Show Cause,” which will “rule,” or pull the violating party into court, where they must show just “cause” of why they are not complying with the court’s orders.
It is very important to take action when your former spouse, or co-parent is violating a court order. Such misconduct by a party can often spiral out of control to total chaos if the violating party is not brought before the Court for punishment.
Discuss the Enforcement of Court Orders in Rock Hill with an Attorney
If you have a situation concerning the enforcement of a prior South Carolina Family Court order, it is important that you consult an attorney regarding a Rule to Show Cause. Call us today to schedule an in-depth consultation regarding your specific case.
For more information on Enforcement Of Court Orders, an in-depth initial consultation is your next best step. Get the information and legal answers you are seeking by calling us today.