There appears to be an ongoing battle brewing between the Executive and Judicial Branch of our federal government over whether court orders must be followed and exactly what it means to comply with a court order. It’s a story line we’re following with great interest. How does it apply to you, especially if you have a court order in your life that you need to deal with.
Let's face it, court orders aren't always welcome. They can disrupt your life, require you to do things you don't want to do, or prevent you from doing things you enjoy. But ignoring a court order is like playing chicken with the legal system – and you're almost guaranteed to lose.
Think of a court order as a direct instruction from the judge. It's not a suggestion, a request, or a gentle nudge. It's the law, plain and simple. And disobeying the law comes with consequences. So, what are those consequences? Let's dive in.
Examples of Common Court Orders
Here are examples of court orders that might impact your life:
Child support
Alimony/Spousal support
Divorce decree with provisions on dividing marital assets, including a qualified domestic relations order
Protection from (domestic) abuse
Cease and desist order
Injunction
Temporary restraining order
Subpoena (to produce documents or attend a hearing)
Order to compel – often issued in conjunction with litigation forcing someone to produce documents or other evidence
Order to show cause – issued to someone as a respondent to litigation to explain why the court should not grant the relief requested by the other party
Bench warrant – issued in a criminal case demanding that a defendant appear in court
Contempt of Court:
The most common consequence of disobeying a court order is being held in contempt of court. This means the court finds you willfully disobedient and
disrespecting the legal process. There are two main types of contempt in Pennsylvania:
Civil Contempt
This is designed to coerce you into complying with the original order. The idea is to get you to finally do what the court told you to do in the first place. Imagine a parent ordered to pay child support refusing to do so. The court might jail that parent until they start making payments. The key here is that you hold the key to your freedom by complying with the order.
Criminal Contempt
This is designed to punish you for your past defiance. It's a finding that you deliberately disregarded the court's authority. Penalties can include fines, jail time, or both. For example, if you blatantly disregarded a restraining order, the court might sentence you to jail for a specific period as punishment for your actions. If a person is found in contempt for failure to follow the court’s child custody order, they face the following potential penalties: up to 6 months in jail; a maximum fine of $500; attorney’s fees and costs; and a driver’s license suspension.
So, What Happens Specifically? It Depends.
The exact consequences depend on several factors, including:
The nature of the court order:
Was it a child custody order? A restraining order? An order to produce documents? Some orders carry more weight due to the potential for harm if they are violated.
Is it a repeated offense:
A first time offense may generate a warning and affirmation of the court order. Additional violations may result in progressively more severe penalties.
The severity of the disobedience:
Was it a minor oversight or a flagrant disregard for the order?
Your intent:
Did you willfully disobey the order, or was there a legitimate reason why you couldn't comply?
The judge's discretion:
Judges have broad discretion in deciding what sanctions are appropriate.
Potential Consequences Can Include:
Fines:
Ranging from relatively small amounts to substantial sums, depending on the violation.
Jail Time:
For civil contempt, jail time continues until you comply. For criminal contempt, you'll serve a fixed sentence.
Loss of Rights or Privileges:
This can include losing custody of your children, losing the right to visit your children, or being restricted in other ways. Violations of court orders within the context of litigation can result in the loss of rights. For example, if a party to the case refuses to comply with an order requiring them to produce certain documents or evidence, the court might prohibit them from presenting their own evidence on some or all aspects of the case. The failure to meet court deadlines might result in losing the ability to present evidence or even witnesses in the case.
Attorney's Fees:
You might be ordered to pay the other party's attorney's fees incurred in trying to enforce the order.
Further Court Orders:
The court can modify the original order or issue new orders to address the disobedience.
Criminal Charges:
In some extreme cases, defying a court order can even lead to separate criminal charges, such as obstruction of justice.
But I Couldn't Comply! Is There a Defense?
Yes, potentially. A common defense is inability to comply. This means you can show the court that, through no fault of your own, you were genuinely unable to follow the order. This is not simply "I didn't want to," but rather demonstrating circumstances outside of your control made compliance impossible. You must demonstrate this convincingly and with evidence.
Final Thoughts
Ignoring a court order in Pennsylvania is a risky move. The potential consequences are serious and can significantly impact your life and your wallet.
What should you do if you're having trouble complying with a court order?
Don't ignore it!
Read the order carefully and understand exactly what it’s requiring you to do.
Contact an attorney immediately. We can help you understand the order, explore your options, and represent you in court.
Seek clarification. If you’re unsure what the order says or intends, you can ask the court to clarify or even modify the order.
Be honest with the court. Transparency and good faith go a long way.
Document everything. Keep records of your attempts to comply and any reasons why you couldn't.
If you have questions about a court order that applies to you, call the experienced attorneys at Fiffik Law Group. We can help you understand the order, your obligations and your options.