What can be done if spouse is defying temporary order to vacate house? 22 Answers as of February 07, 2013

Have a temporary order (have had a hearing with both attorneys), judge said spouse must vacate and they won't now what?

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The Law Offices of Seth D. Schraier
The Law Offices of Seth D. Schraier | Seth D. Schraier
If they are not complying with a court order, then you should ask your attorney to file an "Order to Show Cause" to get the matter heard immediately before the Judge to ask the Judge to find them in violation of the court order.
Answer Applies to: New York
Replied: 2/7/2013
Office of Michael Hyde, Esq | Michael C. Hyde
Contact the sheriff to see if they will enforce the order.
Answer Applies to: Michigan
Replied: 2/1/2013
LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
Call the cops for help. Show them a copy of the order.
Answer Applies to: California
Replied: 2/1/2013
Reade & Associates
Reade & Associates | R. Christopher Reade
You should bring a Motion to Enforce the Order and for your Spouse to Show Cause why Spouse is not in contempt of Court.
Answer Applies to: Nevada
Replied: 2/1/2013
Law Offices of Julie A. Ringquist | Julie A. Ringquist
If you have a court order, signed by the Judge, ordering him/her out of the home by a certain date, then call the police for help enforcing that order. If, after examining the order, there is any reason that the police can't help you, then you will have to go back to court.
Answer Applies to: California
Replied: 2/1/2013
    John Russo | John Russo
    Call your lawyer, what did the order say, i.e. Time frame, if it was done correctly it would say either Forthwith, or give a time frame. If he is violating the order that is what emergency motions are for.
    Answer Applies to: Rhode Island
    Replied: 1/31/2013
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Your lawyer should answer that question. If the lawyer will not answer the question in a satisfactory manner, fire the lawyer. Hire someone who will.
    Answer Applies to: New Jersey
    Replied: 1/31/2013
    Carey and Leisure | John Smitten
    File a motion for contempt.
    Answer Applies to: Florida
    Replied: 1/31/2013
    Kalil & Eisenhut, LLC | Michael N. Kalil
    You have a right to file a contempt application, alleging that spouse in not complying with Court's Order.
    Answer Applies to: New York
    Replied: 1/31/2013
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    Go to the police and bring the court order. They will take it from there.
    Answer Applies to: New Jersey
    Replied: 1/31/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Talk to your attorney about next steps.
    Answer Applies to: Idaho
    Replied: 1/31/2013
    Sheri Smallwood, Chartered
    Sheri Smallwood, Chartered | Sheri Smallwood
    If the Court entered an Order requiring the other party to vacate the home, that Order must be obeyed unless and until it is set aside or changed. Secure a certified copy of it from the Clerk of the Court. The local law enforcement authority should then enforce it. Additionally, you may apply to the Court that issued the Order for enforcement of it. This is a general statement of the law only. It is not specific legal advice to you. I have not become your attorney or undertaken any responsibility by answering this inquiry. There is no privilege or confidentiality attached to this communication.
    Answer Applies to: Florida
    Replied: 1/31/2013
    Marion E. Ellington, Jr. Attorney at Law, PC
    Marion E. Ellington, Jr. Attorney at Law, PC | Marion E. Ellington, Jr.
    You may file a contempt action for the spouses failure to abide by the terms of the court order. Talk to your attorney about this.
    Answer Applies to: Georgia
    Replied: 1/31/2013
    Haskell Law Firm | Lori Haskell
    You would need to file a Motion for Contempt.
    Answer Applies to: Michigan
    Replied: 1/31/2013
    Reger Rizzo & Darnall LLP | Kathleen DeLacy
    You can file a Rule to Show Cause in Court.
    Answer Applies to: Delaware
    Replied: 1/31/2013
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    You can go to court for contempt or call the police and see if they will remove the spouse based on the court order.
    Answer Applies to: Wisconsin
    Replied: 1/31/2013
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