What happens if you don't agree with a court order?
Asked by: Dante Jones | Last update: March 18, 2025Score: 4.2/5 (5 votes)
Court orders are enforceable by the contempt powers of the court. If someone is not following provisions of any court orders, they can be brought back into court and punished. This includes when they fail to follow a court order custody arrangement.
What if I don't agree with a court order?
In cases where you feel the judge came to the wrong conclusion or made a mistake, you may be able to file for an appeal with the courts. It's important to act in a timely manner — there are strict deadlines for filing an appeal, and missing these timelines could mean losing the chance to challenge the decision.
What action can you take if you do not agree with the court's decision?
The losing party in a decision by a trial court in the federal courts normally is entitled to appeal the decision to a federal court of appeals.
What makes a court order invalid?
The judge made an error of law
An “error of law” generally means that the judge in your case applied the wrong rule or “legal standard” to the facts of your case. This can occur if a trial court did not follow either the statute or case law in your state that is supposed to apply in your case's circumstances.
What can override a court order?
The only way to override a court order is by going back to court and ask a judge to consider a different ruling on a case therefore overriding the original order. But that never happens unless new evidence is presented to the judge.
Understanding Court Orders
What voids a court order?
A void judgment is one that has been procured by extrinsic or collateral fraud, or entered by court that did not have jurisdiction over subject matter or the parties, Rook v. Rook, 353 S.E. 2d 756 (Va. 1987).
Who can override a judge's decision?
The court of appeals may review the factual findings made by the trial court or agency, but generally may overturn a decision on factual grounds only if the findings were “clearly erroneous.”
What happens if you ignore a judge's order?
Contempt of Court can involve up to 2 years in prison, a fine or both. The Court can make drastic changes to arrangements (such as reveral of residence, ordering contact take place in a supervised/supported environment).
What makes a court order illegal?
An illegal order may be issued by a person who has the authority to issue such an order, but the content of the order is against the law. For example, an order that requires someone to perform an illegal act, such as a bribe, would be considered illegal.
How to prove you were not served properly?
Surveillance: You can provide surveillance footage showing you were not served at the alleged date or that the service was improper. Mail Records: If there's no mail delivered to you or if you haven't signed the receipt. It can indicate improper service.
What do you say if you disagree in court?
Say “Objection,” and then state your objection clearly and concisely. You can interrupt a witness, if necessary when raising your objection. Make your objection before the opposing side goes on to the next question. The judge may offer the other side the chance to respond to the objection.
What is it called when you disagree with a court ruling?
Appeal. A request made after a trial by a party that has lost on one or more issues that a higher court review the decision to determine if it was correct. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the "appellant;" the other party is the "appellee."
Can a court order an apology?
These cases support the conclusion that a court exercising equitable jurisdiction has the power to order an apology as a form of specific relief. As noted, the common law has long recognised the significance of an apology where there has been damage to a plaintiff's reputation and dignity.
Can a court order be denied?
There are a handful of reasons why a judge could decide to deny a petition for a protective order, including: The petitioner does not have sufficient evidence of abuse or harassment. The petitioner fails to complete their petition accurately and completely. The petitioner fails to attend their protective order hearing.
What happens if you refuse to speak in court?
If a witness refuses to answer a question without a valid legal basis, such as the protection afforded by the Fifth Amendment, the court can take several actions. These actions can range from compelling the witness to answer the question, holding the witness in contempt of court, or even imposing fines or jail time.
What can stop a court order?
The only way that the order would not go into effect immediately is to file a post-trial motion called a Motion to Stay and for the judge to grant a “stay,” which prevents the original order from taking effect while the appeal is going on.
What is the biggest mistake in custody battle?
The Most Common Mistakes Made in California Child Custody Cases. Failing to respond to a child custody case will not make the issue go away. Instead, it could lead to a default judgment. This means that whatever the other party is requesting will most likely be granted by the judge because you have not given any input.
Can a court order someone to do something?
In court cases, you may have heard a judge or attorney refer to an “order,” or a situation where someone was “ordered” to do something. In family law court, an order is an official legal command requiring a person to do something, or not do something.
When you don't agree with a court order?
File An Appeal
An appeal differs from receiving a new trial in that you don't present your case to a new judge, nor do you have the opportunity to present new evidence. To file an appeal, your attorney writes a brief to the appellate court outlining any inconsistencies and why the judge was incorrect in their judgment.
Do you have to listen to a court order?
Court orders are enforceable by the contempt powers of the court. If someone is not following provisions of any court orders, they can be brought back into court and punished.
Is a court order valid without a judge's signature?
To be valid, court orders must also be signed by a judge. Authority for these requirements is 5 U.S.C. 552a(b) (11), as interpreted by Doe vs. DiGenova, 779 F.
Can a judge go back and change his ruling?
The request for reconsideration must clearly show an error of fact or law material to the decision. The Judge may also reconsider a decision on his or her own initiative.
Who holds a judge accountable?
Commission on Judicial Performance is an independent state agency responsible for investigating complaints of judicial misconduct and judicial incapacity and for disciplining state judges (see article VI, section 18 of the California Constitution).