QUESTION
How long do I have to wait before she is in violation of a court order?
Asked on Dec 28th, 2012 on Divorce - Florida
More details to this question:
I was awarded the vehicle on dec 7. I have had the vehicle in my possession for 3 weeks. She refuses to give up the keys and title. How long do I have to wait before she is in violation of a court order?
14 ANSWERS
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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A violation of a court order occurs immediately after whatever deadline was established in the court order passes without compliance. If the Order does not contain a deadline, the question of how long to wait before seeking additional judicial relief is dependent more on whether seeking judicial remedies is cost effective given the probabilities of when compliance might occur without judicial action.
Answered on Jan 02nd, 2013 at 12:45 PM
If she was present in the court room and had actual knowledge of the order, she is under a duty to perform the order immediately. You need to give her some kind of written notice advising that if she does not comply with the order you will seek a contempt of court order against her. Contempt carries a $2000/five days in jail punishment for each count of contempt. You may need a lawyer to help with this.
Answered on Jan 02nd, 2013 at 12:45 PM
Did the court order state she had to turn over the keys and title? If so, you could file a Show Cause now. If the order simply said you were awarded the vehicle, she is not really violating the court order by not turning over keys and title. However, you could file a motion asking for those items, and my guess is the judge would make her give them to you. My suggestion would be to go to secretary of state and simply get a new title, and get a new set of keys made.
Answered on Jan 02nd, 2013 at 12:44 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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This type of requirement should be immediate, unless the court order states otherwise. You should file for contempt now.
Answered on Jan 02nd, 2013 at 12:44 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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She is in violation as soon as she has surpassed the court ordered date of return of the vehicle. Put a demand in writing for the keys and title, and state a deadline; if she refuses to return it, then enforce the order.
Answered on Jan 02nd, 2013 at 12:44 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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How long did the order say? If it said immediately or upon entry of the order, then file now.
Answered on Jan 02nd, 2013 at 12:43 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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She may already be in violation. Review the wording of the order and consult with an attorney to discuss your options and next move.
Answered on Jan 02nd, 2013 at 12:42 PM
Child Custody Attorney serving Ontario, CA
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Law Offices of Sherrie L. Davidson LLC
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This depends on what the court orders state. If there is a date, as soon as the date passes, she is in Violation. If no date given, then just a reasonable amount of time is needed which is very subjective. Make a demand in writing first and then if she still refuses, file a motion with the court that she bring the keys to court and bring the title for her to sign at court and ask for sanctions.
Answered on Jan 02nd, 2013 at 12:41 PM
She is in violation of the Order the moment she knew about the order and refused to comply with it. You can proceed with a motion for contempt. You should consult a family law attorney or facilitator to assist you.
Answered on Jan 02nd, 2013 at 12:41 PM
Divorce & Separation Attorney serving Baton Rouge, LA
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George E. Downing, Jr. Attorney at Law
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Have your lawyer to contact her lawyer to ask nicely, if refused, file a contempt rule.
Answered on Jan 02nd, 2013 at 12:40 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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She's already in violation. File for contempt.
Answered on Jan 02nd, 2013 at 12:40 PM
Dennis P. Mikko
Does the document giving you possession have a date for her to perform? If no, then a reasonable time. If she has not provided the keys and title by the end of December, you could seek help from the court in the form of a motion asking to hold her in contempt. You may want to contact your attorney for assistance in this matter.
Answered on Jan 02nd, 2013 at 12:39 PM
Don't wait. The Decree becomes final 30 days after it was entered by the Court so you still have time to modify it if necessary.
Answered on Jan 02nd, 2013 at 12:39 PM
There should be a date of surrender within the Court's Order. Re-read the Order to make certain it is or is not in the Order. If there is no date in the Order, you can proceed back to Court to enforce the Order and request a 'date certain'.
Answered on Jan 02nd, 2013 at 12:38 PM