How do I enforce a court order?
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How do I enforce a court order?
In my divorce it is written in the order that my ex-spouse must maintain absolute sobriety 24 hours prior to and during her times of placement. How would I go about enforcing that order? I am aware that she violates it but
what do I have to do or document when it is violated. It seems like her word vs mine type of situation.
Asked on September 18, 2019 under Family Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Legally or procedurally, you enforce an order by making a motion to the family court, under the docket or file number of your divorce case, alleging that your ex-spouse is violating the order and asking the court to enforce it against her. You have to follow all the rules of court in doing so, and serve a copy of the motion on your ex so she has the chance to oppose it, if she chooses.
The court could believe you over her, if you are more persuasive, but you are right: fundamentally, it would be word against word. It would be very helpful to have corroborating or supporting testimony from other persons who saw her intoxicated at those (or at least close to those) times.
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