Enforcement of Orders: Rule to Show Cause/Motion for Contempt
The enforcement of orders sounds good, but who really enforces them? And how are orders actually enforced? These are good questions that need real answers for clients. When a client receives the order for a judgment entered in court, what happens when this does not materialize into money or real actions being realized for clients? The answer is your attorney can file a Petition for Rule to Show Cause or a Motion for Contempt, and in Illinois there are differences between the two.
Filing a Petition for Rule to Show Cause involves filing a petition with the court explaining what orders are in place for money or court-ordered actions that are failing to be delivered to a party. The petition is sent to the opposing party, informing them of a hearing date and time they can appear before the Judge to explain why the Petition for Rule to Show Cause should not result in an Order for Rule to Show Cause for failure to follow a Court Order, which could involve jail time if the party served with the Petition for Rule to Show Cause does not appear for Court.
A Motion for Contempt is filed to bring to the court’s attention an opposing party’s failure to comply with a Court Order and requests penalties or sanctions for the opposing party without giving the opposing party the opportunity to explain to a Judge as to why they have failed to comply as compared to a Petition for Rule to Show Cause. This type of motion is often used in cases of severe non-compliance, such as failing to pay court-ordered child support or maintenance. The court may impose legal sanctions on the non-compliant party, such as fines or jail time.
When Orders of the Court are not being complied with for clients, Watson Law sets these matters for hearing with the Court and assertively seeks the remedies due to clients such as monies due or changes in actions of an opposing party to be in line with what has been court ordered for the benefit of our clients. Depending on what better serves our clients to ensure that Orders entered in Court are enforced for our clients is the driving factor for the Watson Law Center to decide between filing a Petition for Rule to Show Cause or filing a Motion for Contempt.
