What is an Order to Show Cause

Most family law cases involve situations where one side believes that the other side has violated a court order. Whether purposeful or not, a violation of a court order can cause disruption to both parents, the children and the court system. Judges write orders with the intention that the orders are followed. When a court order is not followed it breeds mistrust and causes frustration to the balance of power. That is why a parent must decide if further, more serious action must be taken.

That additional action is known as an order to show cause. The process for this action is that you must file a verified motion for order to show cause. This is like a regular motion but it’s signed by the person complaining that the other side isn’t following the order. In the motion you must delineate the reasons why you contend that the other side isn’t following the court order. You file that motion and then the court decides if it will issue an order to show cause. What this means is that if the court issues the order the other side is directed to appear on a certain date and time to show cause as to why they shouldn’t be held in contempt of court for violating a court order.

This cause of action is significant because the results from such a hearing can be serious. The results could be from the awarding of attorney fees to even imprisonment for failing to follow a court order. An order to show cause is a great tool to use when there are violations of a court order….whether for custody or time sharing or child support. To learn more on how to enforce a court order contact our family law experts at info@JusticeLegalGroup.com or call us at 505-880-8737.