Hamilton County Family Law: What Else Can You Do Besides Complain?

Family law often has court orders that control your behavior or the behavior of your ex. However, no court order can control every imaginable behavior, whether good or bad. One of the most frustrating situations is when the other party violates a court order as you interpret it.

What else can you do besides complain to your friend about what your ex is doing?

Hamilton County family law courts are not the referees of your family arguments.  They are the enforcers of their orders. So the first question is whether your ex is merely annoying or is violating a court order.  If you and your family law lawyer decide that a violation has occurred, here are some pleadings that may get you relief.

One option and probably the most well-known it is a Petition for Contempt. This is a request to ask the court to find that your ex has violated a court order willingly and knowingly. You can ask for certain sanctions to discourage this kind of behavior. You can ask the court to order that your ex pay for your attorney’s fees which is a discouragement to continue that behavior.

Another option is a Motion to Compel. This is a request to order that your ex perform some specific act in the court order. For example, let's say that your ex was ordered to give you the family unicorn within 14 days. It’s been 6 months and the unicorn is still frolicking in your ex’s back yard. You’ve asked for it. You’ve tried to go get it. Not happening. You can ask the court to order that your ex provide it to you within a specific time or suffer specific sanctions.

Another pleading is a Request for an Injunction. This is usually requested when there is the possibility of immediate and irreparable harm that must be addressed. The harm can be to a person or a thing. Courts must act on a request for an injunction within days according to the Indiana trial rules. However, courts are not pleased when someone requests an injunction that is not in fact an emergency. This is a very serious pleading that has to be deeply considered before it is requested.  A petition for an Order of Protection is a special class of injunctions, with different and enhanced statutory penalties for violations.

CARTER LEGAL SERVICES LLC is experienced in seeking all of these and in defending them in Indiana family law courts throughout the state.  We together will review your situation and decide which is strategically best for you and your family, both short term and long term.  To schedule a strategic review, please our CONTACT page. I will call you back within 24 hours to schedule the review.