When a divorce case is filed with the courts, a hearing for temporary orders takes place. Temporary orders ensure that one spouse does not suddenly stop paying bills or cease certain responsibilities that they have traditionally been in control of during the marriage. 
For example, imagine the utilities, phone bill, and car payments are in your spouse’s name. Once you file for divorce, temporary orders are given by the judge instructing your spouse to continue paying all bills in his name and for you to continue paying bills in your name and receive child support.
Your spouse decides to stop paying bills because he no longer lives in the family home and emotions are high concerning the divorce. Your utilities are shut off, your phone is disconnected, and your car is in threat of being repossessed. In Oklahoma, a remedy for failure to follow temporary court orders can be accomplished with your family divorce attorney.
Application for Indirect Contempt
There are two kinds of contempt in Oklahoma: direct and indirect contempt. Direct contempt occurs when a defendant intentionally interferes with the court process. For example: yelling, interrupting, failure to follow the judge’s directions while in the court room.
Indirect contempt occurs when a party purposefully fails to follow a court order outside of the courtroom. An indirect contempt action can be filed by your family divorce attorney at any time during a divorce case.
The steps your family divorce attorney will follow to file an indirect contempt order are:
- File an application for contempt
- Set an arraignment date.
- Your spouse will enter a plea of guilty or not guilty at the arraignment. This proceeding is much like a criminal proceeding.
- If your spouse enters a not guilty plea, then a trial is set.
- Your attorney must prove beyond a reasonable doubt that the temporary order was willingly disobeyed at trial, the standard of proof in a criminal trial.
- Evidence will be presented by your divorce attorney.
- A verdict of guilty or not guilty will be reached.
If you win your contempt order, your spouse could be fined, receive jail time, or both. In addition, if you are owed money, your spouse’s income and bank accounts could be garnished.
Motion to Enforce
Your family divorce attorney can also file a motion to enforce temporary court orders if your spouse is refusing to follow courts orders. For example, if the judge ordered for you to have phone access with your child during your spouse’s visitation, and your spouse is not allowing your child phone access, you can ask the judge to enforce the order.
Your divorce attorney must file the motion in the court that set the original order. A hearing date will be set, and at the hearing your divorce attorney will have to present evidence showing the disregard of the court order or interferes.
If the judge finds evidence of interference with the court order than the judge could:
- require the other party to pay a fine,
- give the compliant spouse more visitation time,
- change the current custody, and
- change current temporary orders.
Attorney Fees
If you are successful in your indirect contempt order, you may also be entitled to attorney fees. Oklahoma follows the American Rule that states each party is responsible for their attorney fees unless there is a statute or agreement that allows a different outcome.
Oklahoma Appellate Court held in a recent court case, Buckingham v. Buckingham, that 43 O.S. §110(E) allows for attorney fee reimbursement for a temporary order enforcement action.
Free Consultation with a Tulsa Divorce Attorney
Hiring a family divorce attorney when filing a contempt or enforcement action will ensure the process is expertly conducted and your interests are well represented.
A family divorce attorney is the best resource when a you must show that the other party is refusing to follow temporary orders.
Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma indirect contempt process.
For a free confidential consultation, call now: 918-924-5526.
