Standing Order Contempt Lawyers
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Coleman Legal Group, LLC
What is Standing Order Contempt?
A standing order is an order unique to family law that is specifically designed to protect the family unit, both parties, and minor children during any type of legal proceeding between parents. Standing orders are typical in divorce proceedings and or custody proceedings and they are designed to prevent either party from conducting damaging behaviors that threaten financial security, physical security, or entice harassment. A standing order may therefore be any court document specifically preventing harassment, stalking, disposal of joint property, etc. To be in violation of a standing order warrants a contempt of the standing order and either party may file for a civil action against the other if they feel the stipulations mentioned within the standing order have been violated during the course of litigation. A standing order is implemented for the plaintiff from the moment that they file the original legal action, but does not apply to the defendant until they receive legal notice via service of the grievance and standing order. A standing order may vary from county to county and the actions constituting contempt in a particular jurisdiction can therefore vary.
Results or Remedies for Standing Order Contempt:
If a person is in fact found in contempt of a standing order they may anticipate serious legal repercussions including but not limited to:
- Legal Fines
- Sanctions – Misdemeanor or Felony
- Jail or imprisonment
- Community service
The result of standing order contempt is generally dependent upon the severity of the offense that violated the court order and or may follow the punishment outlined by the standing order in response to a particular offense. It is important to seek legal assistance in such cases as the civil hearing may end with serious criminal ramifications.
What to expect during a Standing Order Contempt Hearing.
During a standing order contempt hearing both parties will be able to provide evidence in support that a contempt of the standing order took place. The burden of proof will be placed upon the defendant to demonstrate that no such event occurred or to prove that their actions were not a direct violation of the standing order. During the standing order contempt hearing a defendant should provide all evidence that demonstrates that they did not “willingly” participate in the activity that the other party claims violates the standing order. Any failure to provide such evidence is at the expense of the defendant if a punitive measure follows the legal hearing.
Your Case may constitute as a Contempt of Standing Order If:
If a standing order is in place prohibiting the other party in participating in an action in which they have recently participated in since the issuance and establishment of the order.
O.C.G.A. 19-1-1. Issuance of certain standing orders in domestic relations cases:
(a) As used in this Code section, the term “domestic relations action” shall include any action for divorce, alimony, equitable division of assets and liabilities, child custody, child support, legitimation, annulment, determination of paternity, termination of parental rights in connection with an adoption proceeding filed in a superior court, any contempt proceeding relating to enforcement of a decree or order, a petition in respect to modification of a decree or order, an action on a foreign judgment based on alimony or child support, and adoption. The term “domestic relations action” shall also include any direct or collateral attack on a judgment or order entered in any such action.
(b) Upon the filing of any domestic relations action, the court may issue a standing order in such action which:
(1) Upon notice, binds the parties in such action, their agents, servants, and employees, and all other persons acting in concert with such parties;
(2) Enjoins and restrains the parties from unilaterally causing or permitting the minor child or children of the parties to be removed from the jurisdiction of the court without the permission of the court, except in an emergency which has been created by the other party to the action;
(3) Enjoins and restrains each party from doing or attempting to do or threatening to do any act which injures, maltreats, vilifies, molests, or harasses or which may, upon judicial determination, constitute threats, harassment, or stalking the adverse party or the child or children of the parties or any act which constitutes a violation of other civil or criminal laws of this state; and
(4) Enjoins and restrains each party from selling, encumbering, trading, contracting to sell, or otherwise disposing of or removing from the jurisdiction of the court, without the permission of the court, any of the property belonging to the parties except in the ordinary course of business or except in an emergency which has been created by the other party to the action.
(c) Upon written motion of a party, the standing order provided for in this Code section shall be reviewed by the court at any rule nisi hearing.
Our main office is located in Alpharetta Georgia at: 11539 Park Woods Circle, Suite 304, Alpharetta, GA 30005. We also have offices conveniently located at:
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Atlanta Georgia |
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Cumming Georgia |
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Georgia Areas We Serve
Coleman Legal Group, LLC’s divorce and family law attorneys handle cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Johns Creek, Milton, Cumming, Sharon Springs, Marietta, Suwanee, Sandy Springs, Canton, Woodstock, Holly Springs, Douglasville, Kennesaw, Gainesville, Norcross, Lawrenceville, Midtown, Inman Park, Duluth, Buckhead, Dunwoody, Vinings, Smyrna, Covington, Conyers, Newborn, Mansfield, Oxford, Social Circle, Porterdale, Buford, Sugar Hill, Mountain Park, Dacula, Ball Ground and Starrsville.
Our Georgia divorce and family law attorneys frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette, Newton, Walton, Rockdale and Clayton.
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