A show cause hearing in a family law case occurs when one party fails to comply with a court order. During the hearing, both parties present their arguments and the party not following the order will be asked to explain thier actions to the judge.
The judge will then evaluate the evidence presented and determine if the non-compliant party should be held in contempt of court.
Because of the potential consequences of a show cause hearing, it is critical that you secure the services of an experienced Virginia Beach divorce lawyer.
When Is a Show Cause Hearing Necessary?
The most common reason for a show cause hearing in family court is when one of the parties fails to follow a court order that has been put into place. Securing the legal services of an experienced attorney to help ensure the best possible outcome for your case can make all the difference.
When a Party Fails to Follow Court Orders
Various court orders must be followed during a divorce. Failure to abide by the terms of a divorce order can result in a show cause hearing, where the party that violated the terms will need to justify their actions and show the judge why they should not be held in contempt of court.
The consequences of being held in contempt of court extend beyond the terms of your divorce and can include fines and jail time.
If your former spouse fails to follow orders regarding child custody, child support, or spousal support, you can petition the court to intervene through a show cause hearing. This step can be taken if other methods to get the non-compliant party to abide by the court’s ruling are unsuccessful. An experienced Virginia Beach family lawyer will help you file your petition.
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How a Show Cause Hearing Works
A court will schedule a show cause hearing after the petitioning party files a motion. Show cause hearings are typically scheduled promptly, giving both parties limited time to prepare. During the hearing, each party will be given the chance to state their position.
The party responding to a motion for violating the terms of their order will need to explain why they were non-compliant.
After both parties have argued their case and presented evidence, the judge will render a decision. The judge can order a non-compliant party to take steps to remedy the situation, and impose legal penalties upon the non-compliant party. If a show cause was filed along with a motion for modification, the judge may consider modifying the order.
Securing Experienced Legal Representation Can Be Critical When Dealing With a Show Cause Hearing
Whether you are the party responding to an accusation of violating a court order or the party that filed the petition requesting a show cause hearing, securing legal representation can be critical for ensuring an outcome that aligns with your goals.
When requesting a show cause hearing, an experienced attorney can help you draft a petition to the court that clearly outlines your request and the facts of your case. They will help you gather evidences proving that the other party failed to live up to the terms of your divorce order and will present all the information supporting your case to the court in a clear and consise manner.
Meawhile, if you are the party responding to a petition for a show cause hearing, your lawyer can ensure that you are well prepared and compile all relevant information either helping to prove that you did not actually violate the terms of your divorce or showing just cause for why you committed the violation.
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The Consequences for Failing to Appear at a Show Cause Hearing
Failure to appear at a show cause hearing can have serious repercussions. If you do not attend, the court will likely side with the other party in all matters. The court could also issue an order for your arrest.
Furthermore, failure to appear in court for a show cause hearing can result in license suspensions, fines, jail time, and other serious consequences.
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Get Help From an Experienced Family Law Attorney When Dealing With a Show Cause Hearing
Securing the services of an experienced family lawyer is critical when dealing with a show cause hearing. At Melone Hatley, P.C., we have been representing clients in show cause hearings for over a decade.
Our experienced team understands how these hearings are handled and will help build a strong case in support of your position. Reach out to us today to schedule a free case consultation with a Client Services Coordinator.
Schedule a call with one of our client services coordinators today.
