logo logo

770-609-1247 | Georgia Standing Order Contempt Lawyers and Attorneys

Georgia Standing Order Contempt Lawyers and Attorneys

Consultation_Graphic

Standing Order Contempt Lawyers

Call 770-609-1247

Coleman Legal Group, LLC

Articles >

What is Standing Order Contempt?

A standing order is an order unique to family law that is specifically designed to protect the family unit, both parties, and minor children during any type of legal proceeding between parents. Standing orders are typical in divorce proceedings and or custody proceedings and they are designed to prevent either party from conducting damaging behaviors that threaten financial security, physical security, or entice harassment. A standing order may therefore be any court document specifically preventing harassment, stalking, disposal of joint property, etc. To be in violation of a standing order warrants a contempt of the standing order and either party may file for a civil action against the other if they feel the stipulations mentioned within the standing order have been violated during the course of litigation. A standing order is implemented for the plaintiff from the moment that they file the original legal action, but does not apply to the defendant until they receive legal notice via service of the grievance and standing order. A standing order may vary from county to county and the actions constituting contempt in a particular jurisdiction can therefore vary.

Results or Remedies for Standing Order Contempt:

If a person is in fact found in contempt of a standing order they may anticipate serious legal repercussions including but not limited to:

  • Legal Fines
  • Sanctions – Misdemeanor or Felony
  • Jail or imprisonment
  • Community service

The result of standing order contempt is generally dependent upon the severity of the offense that violated the court order and or may follow the punishment outlined by the standing order in response to a particular offense. It is important to seek legal assistance in such cases as the civil hearing may end with serious criminal ramifications.

What to expect during a Standing Order Contempt Hearing.

During a standing order contempt hearing both parties will be able to provide evidence in support that a contempt of the standing order took place. The burden of proof will be placed upon the defendant to demonstrate that no such event occurred or to prove that their actions were not a direct violation of the standing order. During the standing order contempt hearing a defendant should provide all evidence that demonstrates that they did not “willingly” participate in the activity that the other party claims violates the standing order. Any failure to provide such evidence is at the expense of the defendant if a punitive measure follows the legal hearing.

Your Case may constitute as a Contempt of Standing Order If:

If a standing order is in place prohibiting the other party in participating in an action in which they have recently participated in since the issuance and establishment of the order.

O.C.G.A. 19-1-1. Issuance of certain standing orders in domestic relations cases:

(a) As used in this Code section, the term “domestic relations action” shall include any action for divorce, alimony, equitable division of assets and liabilities, child custody, child support, legitimation, annulment, determination of paternity, termination of parental rights in connection with an adoption proceeding filed in a superior court, any contempt proceeding relating to enforcement of a decree or order, a petition in respect to modification of a decree or order, an action on a foreign judgment based on alimony or child support, and adoption. The term “domestic relations action” shall also include any direct or collateral attack on a judgment or order entered in any such action.
(b) Upon the filing of any domestic relations action, the court may issue a standing order in such action which:
(1) Upon notice, binds the parties in such action, their agents, servants, and employees, and all other persons acting in concert with such parties;
(2) Enjoins and restrains the parties from unilaterally causing or permitting the minor child or children of the parties to be removed from the jurisdiction of the court without the permission of the court, except in an emergency which has been created by the other party to the action;
(3) Enjoins and restrains each party from doing or attempting to do or threatening to do any act which injures, maltreats, vilifies, molests, or harasses or which may, upon judicial determination, constitute threats, harassment, or stalking the adverse party or the child or children of the parties or any act which constitutes a violation of other civil or criminal laws of this state; and
(4) Enjoins and restrains each party from selling, encumbering, trading, contracting to sell, or otherwise disposing of or removing from the jurisdiction of the court, without the permission of the court, any of the property belonging to the parties except in the ordinary course of business or except in an emergency which has been created by the other party to the action.
(c) Upon written motion of a party, the standing order provided for in this Code section shall be reviewed by the court at any rule nisi hearing.

Coleman Legal Group, LLC’s Georgia lawyers practice in the areas of Divorce, Family Law, Estates, Wills, Trusts, Probate, Bankruptcy, Business Law and Immigration. We have offices conveniently located at:

Alpharetta Georgia
North Point Park
5755 North Point Parkway
Suite 52
Alpharetta, GA 30022
Phone: 770-408-0477 | Map

Atlanta Georgia
Colony Square
1201 Peachtree Street, 400
Colony Square, Suite 200
Atlanta, GA 30361
Phone: 770-408-0477 | Map

Dunwoody, Sandy Springs
GA 400, Atlanta Georgia
1200 Abernathy Rd
Building 600
Atlanta, GA 30328
Phone: 770-408-0477 | Map

Cumming Georgia
The Avenue Forsyth
410 Peachtree Parkway
Building 400, Suite 4245
Cumming, GA 30041
Phone: 770-408-0477 | Map

Johns Creek, Duluth GA
11555 Medlock Bridge Road
Suite 100
Johns Creek, GA 30097
Phone: 770-408-0477 | Map

Duluth Georgia
Sugarloaf
2180 Satellite Boulevard
Suite 400
Duluth, GA 30097
Phone: 770-408-0477 | Map

Kennesaw Georgia
TownPark Center
125 TownPark Drive
Suite 300
Kennesaw, GA 30144
Phone: 770-609-1247 | Map

Lawrenceville
Huntcrest
1755 North Brown Road
Suite 200
Lawrenceville, GA 30043
Phone: 770-609-1247 | Map

Georgia Areas We Serve
Coleman Legal Group, LLC’s divorce and family law attorneys handle cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Johns Creek, Milton, Cumming, Marietta, Sandy Springs, Canton, Woodstock, Douglasville, Kennesaw, Gainseville, Norcross, Lawrenceville, Midtown, Inman Park, Duluth, Buckhead, Dunwoody, Vinings, Smyrna, Covington, Conyers, Newborn, Mansfield, Oxford, Social Circle, Porterdale, Buford, Sugar Hill, Suwanee, Dacula, Ball Ground and Starrsville.

Our divorce and family law attorneys frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette, Newton, Walton, Rockdale and Clayton. 

Copyright © 2017 | Coleman Legal Group, LLC | All Rights Reserved. Coleman Legal Group, LLC • 5755 North Point Parkway, Suite 52 • Alpharetta, GA 30022 • 770-609-1247 DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Privacy Policy | Site Map 1 | Site Map 2 | Site Map 3

 

Divorce in Georgia: What You Need to Know About Jurisdiction

Posted by on Nov 1, 2017 in Contested Divorce, Uncontested Divorce | 0 comments

Each state has its own laws regarding who is eligible to file for divorce and jurisdiction for such cases. In Georgia, for example, there are four elements which comprise jurisdictional rules in divorce actions: subject-matter jurisdiction personal jurisdiction venue residence. All of the four above listed elements must be taken into consideration and satisfied before you file a divorce petition. Otherwise, your case can be dismissed for lack of jurisdiction. Below are a few things you should be aware of before filing for divorce. Superior...

read more

Divorce & Family Law | How to Prepare for a Deposition

Posted by on Oct 16, 2017 in Contested Divorce | 0 comments

Divorce & Family Law | How to Prepare for a Deposition

In the context of a divorce or family law case, the purpose of deposition is to uncover truthful answers to questions that may not have been fully or adequately addressed on paper during the discovery process. Depositions allow for an attorney and client to examine the opposing party in question to obtain inquisitive responses to questions pertinent to the case. In the state of Georgia the process of depositions and discovery generally must take place within a 6 month time period beginning from the filing of the answer, but can be modified at...

read more

Divorce, Arranged Marriages, and Sham Marriages

Posted by on Oct 9, 2017 in Uncategorized | 0 comments

What Is an Arranged Marriage and How Is It Different From a Sham Marriage? How do you “find” a person you want to marry? The answer is you don’t because you first fall in love with a person and later you decide to get marry with that person. However, in some countries, this may not be the case where they still have arranged marriages. Unlike love marriages which is more common in the US and Europe, in arranged marriages you find someone that has been picked out for you based on your (and often your family’s) background. It is more like...

read more

Divorce and Social Security Benefits

Posted by on Sep 7, 2017 in Uncategorized | 0 comments

If you are getting divorce you may be wondering if you will be eligible to receive Social Security benefits. Despite the fact that women today are sole breadwinners for the family, women generally are seen to earn less income than men. Due to the economic disparities between husband and wife, husbands often receive higher social security benefits than wives do. But how does this play out in an event of divorce? Does Social Security Benefits count as a marital asset? You may be asking all these questions to yourself. Additionally, when you are...

read more

Determining Child Custody

Posted by on Sep 6, 2017 in Child Custody | 0 comments

Determining Child Custody

Similar to many other states, Georgia has its own unique laws and regulations that Courts follow when it comes to determining child custody in divorce and family law cases. In an event of divorce, it is important to understand the basics of custody laws that state of Georgia adheres to. When determining the custody award, the Courts look at the “Best Interest of the Child” standard. This article is going to highlight the basics of custody laws, and will focus on describing different types of custody arrangements that can be awarded. As...

read more

Divorcing an Out-of-State Spouse

Posted by on Jul 6, 2017 in Contested Divorce | 0 comments

Divorcing an Out-of-State Spouse

Divorce a spouse that live in another state can be a difficult process. Also and unfortunately, there is a lot of bad and misleading information published on the internet on the process.  It is important to keep in mind that at the time of divorce, it does not matter where you got married. What matters the most is the state you are living at the time of filing. Below is a discussion of the divorce process for someone living in Georgia divorcing a spouse that lives in another state the common issues faced with contested and uncontested...

read more

Complex Divorce Asset Issues – Georgia Divorce

Posted by on May 16, 2017 in Uncategorized | 0 comments

Complex Divorce Asset Issues – Georgia Divorce

In most divorces, dividing marital property is a heated and complex process. Emotions run high as each party has a different opinion of what they should be receiving from the settlement. Common property that is divided includes the marital home, cars, and income that was earned throughout the duration of the marriage. Debt is also equitably divided among parties during this time. However, tensions may escalate and the case may be prolonged as the assets become more complex. In cases where one or both of the parties has a high net worth or...

read more

When is Annulment an Alternative to Divorce?

Posted by on May 4, 2017 in Uncategorized | 0 comments

When is Annulment an Alternative to Divorce?

So you entered into a marriage, but right from the start you knew something is not right about your marriage? Well, annulment may be an option for you. It is important to remember that divorce is not the only way to terminate a marriage. A marriage can also be ended through a process called Annulment. Similar to a divorce, once a civil annulment is granted, spouses become single again. The article below is written for educational purposes and should be used solely for those purposes. It will list the ins and outs of the process called...

read more

Served with Divorce Papers? What Now?

Posted by on Apr 17, 2017 in Contested Divorce | 0 comments

Served with Divorce Papers?  What Now?

So, you just got served with divorce papers? Maybe you were waiting for it, maybe not, but here you have it: your spouse wants a divorce and “you have been sued in the court.” Being served with the divorce papers, when you were least expecting it, can be one of the most overwhelming experience in one’s life. In circumstances such as this, what should you do? You may not be in the rational state of mind to think through your situation. Before you start to panic, it is advised to contact an experienced divorce and family law...

read more

What to Expect in a Divorce or Family Law Trial

Posted by on Feb 23, 2017 in Contested Divorce | 0 comments

What to Expect in a Divorce or Family Law Trial

If you are involved with a divorce or family law case and the case is not eventually settled, it will be scheduled by the court to go to trial. A trial, also sometimes called a hearing is a procedure before the court in which testimony and evidence are presented so that a judge can make a decision. When a trial is held before a jury, it is called a jury trial. If the trial is before a judge only, then it is called bench trial. The vast majority of domestic cases that go to court are decided in bench trials. Does every Georgia divorce and...

read more
bottom