Violation of court orders can be extremely serious leading to sanctions and other contempt. Our office can assist in avoiding these as some orders can be very difficult to understand. Below are several types of orders which are involved in divorce and legal separation cases in San Diego County. Our office practices in San Diego, Chula Vista, El Cajon and Vista and can assist you with proven strategies and techniques to try and obtain the court orders you are seeking. No attorney can guarantee the result of any case and only the Judge can make a court order.
The first type of orders are Automatic Temporary Restraining Orders. These orders are issued with the Petition and Summons and are automatic upon the Petitioner upon filing with the Court and the courthouses for filing these for divorce, legal separation and paternity in San Diego County are located in Chula Vista, El Cajon, San Diego and Vista. These orders are automatic upon the Respondent upon service. These prevent sales and other transfers without mutual written agreement or court order. It is very important not to violate these orders since a violation could result in an award of attorney fees and costs as well as a contempt motion. A contempt motion in family law court could result in a criminal conviction and also potential jail time as a consequence of non compliance with any court orders. Many clients are not advised of these and may innocently violate them. Your San Diego restraining order attorney will explain these to you.
The second type of orders are pre judgment orders. These are temporary orders only and are on an interim basis with no prejudice to either party pending the trial or final judgment. These temporary orders are normally for custody, visitation, child support, spousal support, attorney fees and costs and also temporary exclusive use of a residence or other order. These are as valid as a permanent order and must be obeyed. There are also in some cases issues of retroactivity in which an order made in the past can be modified or changed. Retroactivity is a very complicated and complex area of the law.
The third type of orders are permanent orders. These are orders after trial or judgment and need a change of circumstance for modification. The change of circumstance for a spousal or child support order is ten (10) percent (%) plus or minus from the permanent or last order. Without this, a modification will not be granted in most circumstances. This can be a difference in either parties income and can be unilateral and does not have to be bilateral. A change of circumstance for a custody and visitation permanent order is much more complicated and can consist of many factors from a move away request to frustration of visitation and interference with visitation.
There are also many other orders including ones which allow the Clerk of the Court to sign for parties who will not sign orders or documents such as deeds or retirement plans. It is essential to always follow the orders of the Judge.
Orders are always in force and effect until modified or dismissed. It is essential to have copies of your current orders which are complete and conformed by the Court and signed by the Judge. If there is an issue of enforcement of an order, many law enforcement agencies will require a certified copy of the order. Certified copies can be obtained at the court house in which the order was issued at the Clerk’s office and in San Diego County this is at the Vista court house, El Cajon court house, Chula Vista court house and the Vista court house. The Clerk’s are normally open from 8am to 4:30 pm however every court is different and there are fees for the copies and certification which can be expensive depending on how many pages need to be copied.
Contact Us Online or call us at 858-312-8500 in Southern California. We will be pleased to offer you a complimentary and confidential consultation up to a length of 30 minutes to discuss strategies and techniques to assist in protecting your rights and trying to obtain your legal goals.