In a divorce if one party files a status quo, are there reprocussions to the other party not following the order? For instance in this case the petetioner filed a status quo with inaccurate information in regards to visitations in place with children. Respondent requested hearing to provide accurate status quo information. In the mean time can the respondent be arrested or recieve any other legal implications due to not following the status quo that was filed?
Divorce / Separation Lawyer
All court orders are ENFORCEABLE. It does not matter what type of order. Technically yes that could happen but it certainly may be a defense if you are prosecuted.
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Family Law Attorney
I agree. An order of the court is still an order regardless of whether you agree with it or not. Violating the order could have a variety of consequences, virtually all of them bad. The "status quo" order is intended to do just that, maintain the current situation until both sides have a chance to tell the judge what would be in the child's best interest. The status quo order is intended to prevent one parent from unilaterally imposing his or her will on the situation. You have requested a hearing on the status quo order. You are giving the court a chance to redo the order. It is best to follow the order until the court in fact changes it.
If you are not sure what the order prohibits or requires you to do, consult an experienced family law attorney and find out.
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Family Law Attorney
Yes, there are serious repercussions to violation of a status quo order, or any court order. You /probably/ wouldn't be arrested right away for violating it; rather, the petitioner would have the right to ask the court to enforce the order. This could include denying additional parenting time to the respondent (on the theory that, they've demonstrated that they can't handle the responsibility), or asking for contempt (which could, eventually, lead to being arrested) or an award of attorney fees. It would also look very bad for them, in any future custody litigation.
The respondent has the right to contest the description of the status quo provided in the order. There may be deadlines for this, so they should consult with an attorney immediately.
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