How do I file a motion for enforcement in a Texas court?

To initiate the enforcement of a prior court decision in Texas, you need to submit a motion to enforce. This document outlines your reasons for requesting the court’s intervention to uphold the original order. It should be filed in the same jurisdiction where the initial order was made.

As you fill out the enforcement motion, you’ll need to detail the original order, your rationale for believing it has been breached, and any relevant evidence supporting your case.

Take, for instance, Visitation Rights disputes. In divorce or child-parent relationship cases, the court sets a visitation schedule for the non-custodial parent. If the custodial parent consistently interferes with these visitation hours, you have grounds to ask the court for enforcement.

Your enforcement motion must include:

• The visitation schedule as stated in the original court order.
• Proof of visitation denial.
• Specific instances when visitation was denied, including dates and times.
• Any witnesses or additional relevant information for each violation.
• The remedial action you’re asking the court to impose on the other party.
• Any other relevant specifics to your case.

Once the motion is prepared, it must be filed with the district clerk’s office, after which a court date will be scheduled for a judge to review the enforcement request.

Possible Outcomes of an Enforcement Motion in Texas

The Texas Family Code specifies potential resolutions for enforcement motions. In parent-child matters, for example, the court might use contempt orders to compel compliance with the original order, subjecting the non-compliant party to potential penalties.

The court’s decision hinges on the motion’s details. A judge will assess your argument for enforcement, focusing on:

• The specific order terms allegedly violated.
• The order terms you wish to have enforced.
• The nature of the non-compliance by the other party.
• The relief you are seeking.

Based on this evaluation, the judge may decide to enforce the order, hold the non-compliant party in contempt, or order restitution for past violations.

In child support cases, for instance, the judge might require the defaulting party to cover back payments according to a court-approved payment plan.

Consulting a Family Law Attorney for Enforcement Motions in Texas

Should you face non-compliance with a court order, seeking the expertise of a family law attorney is advisable to navigate the enforcement process.

At the Law Office of Dana Baker, we specialize in enforcing various orders, including those affecting the parent-child relationship, protective orders, and divorce stipulations like breach of a non-disparagement clause.

After filing your motion, we’ll advocate zealously on your behalf, ensuring your rights are safeguarded and the opposing party adheres to legal obligations. For assistance with your enforcement motion, contact us at 979-310-5507.