When the other party in a divorce is not following a court order, you can file a Petition for Rule to Show Cause. This petition asks the court to enforce its order through its power of contempt. Always attach the court order that is not being followed as an Exhibit to the Petition for Rule to Show Cause.

Once you file the petition, get a presentment date through the Clerk. Then file a Notice of Motion. The other party must receive proper notice of the Petition for Rule to Show Cause. On the presentment date, if the court decides there is evidence showing that a court order has been violated, the court will shift the burden to the other party. This means that the other party has to explain why they are violating a court order. After an Order on Rule to Show Cause is issued, the court will give the other party a chance to file a written response.

The Court will set a hearing date for the Petition for Rule to Show Cause. The other party can try to show the court that the violation is not on purpose at this hearing. However, if the court finds the other party is violating the court order without good cause, the court may hold that party in indirect civil contempt. The court may also issue sanctions, including fines, and, as a last resort, jail time. If an attorney is representing you on your Petition for Rule to Show Cause, they may request attorney fees.

You can use the Petition for rule to show cause program to create the forms you need. You can also search for blank forms in the Form Library.