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Columbus, OH Enforcement Attorneys

Enforcement of Court Orders Attorney in Columbus

When a party fails to follow a court order, you may file for contempt of court and request that the court take steps to enforce the order. Our attorneys are ready to help.

Call Us Now: (614) 682-7085

When Court Orders Are Not Followed

What do you do if a party is failing to comply with a court order in Ohio? When a party fails to follow a court order, you may file for contempt of court and request that the court take steps to enforce the order. Violations of protection orders may be prosecuted under Ohio Revised Code Section 2919.27, and support enforcement is governed by Ohio Revised Code Section 3109.05.

Before filing a contempt, it is essential that there is proof to back up your claim. Our Columbus-based family law attorneys at Borshchak Law Group can help you gather the necessary evidence and take the proper steps to present the strongest possible case.

Common Reasons for Filing Contempt

A few reasons for filing for contempt include the following. Tap each to learn more.

When a party fails to make court-ordered support payments, the receiving party can file a motion for contempt to compel payment. Under Ohio Revised Code Section 3109.05, Ohio courts take support obligations seriously because they directly affect the financial well-being of children and former spouses. The court may order wage garnishment, intercept tax refunds, suspend professional or driver’s licenses, or impose other enforcement measures to ensure compliance. An experienced attorney can help you document the arrearage and pursue every available remedy under Ohio law.

Refusing to follow the court-ordered parenting time schedule, including denying visitation, failing to return children on time, or unilaterally changing pickup and drop-off arrangements, is one of the most common bases for enforcement action in Ohio family courts. Courts recognize that consistent parenting time is critical for a child’s emotional stability and development. If the other parent is interfering with your court-ordered time, the court can modify the schedule, award make-up parenting time, or hold the violating party in contempt. An attorney can help you keep detailed records and present a compelling case to the judge.
When a party refuses to transfer property as ordered in the divorce decree, such as a home, vehicle, retirement account, or financial asset, enforcement proceedings can compel compliance. Ohio law requires strict adherence to property division orders, and courts have broad authority to enforce them. The court can order the transfer, impose sanctions, or award attorney fees to the party seeking enforcement. Having legal counsel ensures that all necessary documentation, such as QDROs for retirement accounts or deed transfers for real property, is handled correctly and efficiently.
Disregarding any aspect of a judge’s ruling on divorce or child custody matters can result in enforcement action. This includes orders about legal decision-making authority, relocation restrictions, communication requirements, or other specific provisions of the decree. Ohio courts expect parties to follow all terms of their orders, not just the ones they agree with. Willful violations can lead to contempt findings, fines, or even jail time in egregious cases. An attorney experienced in enforcement can help you identify the specific violations and pursue the appropriate legal remedy.

"Proving a contempt in Ohio requires showing that the party knew about the order, willingly violated it, and does not have a valid excuse."

Ohio Family Law

What Happens After You File?

If a contempt is filed, a hearing will be held where the court will hear testimony, review evidence submitted, and then make a ruling on whether or not the offending party violated the court order.

Three Elements to Prove Contempt

1

Knowledge of the Order

The party knew about the court order and its requirements.

2

Willful Violation

The party willingly violated the order, not through accident or inability.

3

No Valid Excuse

The party does not have a valid excuse or justification for the violation.

Taking the Proper Steps

Call us today to discuss the proper steps for pursuing enforcement of your court order. Our Columbus-based family law attorneys at Borshchak Law Group are ready to assist you.

Having experienced legal counsel helps ensure your case is presented with the right evidence and legal arguments to support your enforcement action.

Potential Consequences of Contempt

Sanctions or Attorney Fees

The violating party may be ordered to pay financial sanctions and cover the other party’s attorney fees for bringing the enforcement action.

Wage Garnishment

For support-related violations, the court can order that payments be deducted directly from the violator’s wages.

Jail Time

In serious cases of willful noncompliance, the court may sentence the offending party to jail as a means of enforcing the order.
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What should you do if someone is not complying with a court order?

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For informational purposes only. This is not legal advice.

Common Questions About Enforcement in Ohio

Answers to the questions we hear most often.

You can file a motion for contempt of court, asking the judge to enforce the existing order. The court has broad powers to compel compliance including fines, wage garnishment, license suspension, and even jail time for willful violations.
The timeline varies depending on the complexity and the court’s schedule. Simple enforcement motions may be heard within a few weeks. More complex cases involving hidden assets or interstate issues may take several months to resolve.
Yes. Under the Uniform Interstate Family Support Act (UIFSA) and the Full Faith and Credit Clause, Ohio courts can enforce valid court orders from other states. The process may involve registering the foreign order in Ohio before enforcement.
Inability to pay is a defense to contempt, but the burden is on the non-complying party to prove it. The court will examine their financial records, employment status, and efforts to find work. Voluntary unemployment or underemployment is not a valid excuse.
While you can file a motion on your own, having an attorney significantly improves your chances of success. An experienced enforcement attorney knows how to present evidence effectively, navigate procedural requirements, and pursue all available remedies.

Court Orders Exist to Be Followed

If your ex isn’t complying, you have legal options. Call us for a free consultation to discuss enforcement.

Call Us Now: (614) 682-7085