What is an Order to Show Cause?
An order to show cause is when a court asks parties involved in the case to prove, justify or explain something in more detail. You will need to make sure that there is enough paper documentation to go with your accusations. This will be held in a show cause hearing so the judge can use the additional information to come to a decision.
During such a hearing, the court will require the respondent to appear and explain why the relief requested should not be granted. When there is a court order and a party does not comply with it, it can be addressed in an order to show cause.
In an order to show cause, the court can address any order it has made previously. Some instances where a party is not following an order would be in breaking a restraining order or not following the guidelines on custody of children.
Motion to Enforce
To file a motion to show cause there are a few steps to take and documents to present. You need a copy of the prior court order which is not being followed. Common orders that people tend to not follow are custody and restraining orders.
If one parent is not doing the things set out by a judge you can document and contact an attorney to make a motion. If there is imminent danger there are times when you can meet directly with a judge. You can obtain copies for a small fee from the Court Clerk’s office in most areas. Then you will have to file all of the paperwork and serve the party not following the court order. This will also cost a fee, after everything is gathered the judge will set a hearing date for your motion.