Divorcing or separating from a romantic partner was likely a complicated, draining process. Now that you’re on the other side, you can feel tremendous relief. That is, until your ex starts breaking rules and ignoring court orders.
Maybe they’re skipping payments, refusing visits or bending the parenting plan to suit themselves. Such actions can leave you feeling powerless and furious, wondering what the point of the order was in the first place. Thankfully, the courts take violations seriously, and you can ask them to enforce court orders.
What does a court order really mean?
Understand that a court order isn’t a suggestion; it’s a legally binding command. When your ex disobeys it, they’re violating the law. In Massachusetts, family court judges enforce their orders using range of actions to make someone comply. These include:
- Fines
- Wage garnishment
- Modification or restriction of parenting time
- Driver’s license suspension
- Interception of tax refunds
- Jail time
The key is not to take matters into your own hands, but to use the legal tools available to you.
Document everything
Before taking action, start gathering evidence. Keep a detailed record of every missed payment, denied visit or broken agreement. Save texts, emails or screenshots that show the violations. The more organized your documentation, the stronger your case will be when you go back to court.
Filing a complaint for contempt
If your ex continues to ignore the court order, you can file what’s called a Complaint for Contempt in the Massachusetts Probate and Family Court. This tells the judge your ex is deliberately disobeying the order.
You can ask the court to:
- Order compliance: Require your ex to immediately follow the original court order.
- Impose penalties: Enforce consequences to coerce your ex into performing corrective actions.
- Award attorney’s fees: In some cases, the court may make your ex pay your legal costs.
Once the complaint is filed, the court will schedule a hearing and both parties will have a chance to explain their side.
Even if you can file on your own, a Massachusetts family law attorney can help you prepare your paperwork and present your evidence clearly. You deserve stability and peace of mind, and the court has the power to make sure your ex follows the rules.