What Can I Do if My Ex Violates a Court Order?

 Posted on June 16, 2025 in Child Custody

A court order is a legally binding judgment often used in divorces. Different court orders can be set for child support, child custody, and alimony, just to name a few. But what happens if your ex refuses to obey a court order? With help from an Illinois family law attorney, you can pursue possible actions for enforcement.

Holding your ex accountable for violating a court order can be a complicated process. At Roberts PC, we know how to handle delicate post-divorce matters. Our attorneys have decades of practical experience, so you can take comfort in knowing that your case is in good hands.

Try to Resolve the Issue Outside of Court

If you want to avoid the trouble of litigation, you could try to settle the matter with your ex through negotiation. This may be best if you believe that your ex is not willfully or maliciously violating a court order. When settling the matter outside of court, you could clarify any points of confusion about the court order or discuss a modification if the current order is not feasible.

At Roberts PC, we can help you engage in good-faith negotiations with your spouse. Our lawyers can suggest possible remedies to the issue.

Filing a Petition for Enforcement

When it becomes clear that outside intervention is needed to enforce a court order, you can petition the judge to enforce it. If your motion is accepted by the court, the judge can compel your ex to follow through with a court order. A motion to enforce is not strictly punitive but functions more as a firm reminder of the court order.

Before filing a motion to enforce, you should gather evidence of the violation first. For instance, if your ex has failed to drop off your children for court-ordered parenting time, you should note the dates and times you were denied your custody rights. At Roberts PC, we can help you document these violations to present the judge with a clear understanding of what has happened.

Holding Your Ex in Contempt of Court

When your ex repeatedly, willfully, or maliciously violates a court order, your only recourse may be to file a petition for rule to show cause. This allows you to hold your ex directly accountable for disobeying a court order by holding him or her in contempt of court. You should come prepared with evidence demonstrating your attempts to remedy the situation. 

Your ex can choose to contest the petition in a formal hearing. At Roberts PC, we can represent you in front of a judge and call for appropriate action. Your ex will be given one final chance to comply with the order in a legal proceeding known as a purge. If your ex continues to violate the order, he or she could be held in contempt of court, which may involve heavy fines and jail time.

Contact a Wheaton, IL Family Law Attorney

Do you need help enforcing a court order? Our Oak Brook, IL divorce lawyers at Roberts PC can help you explore your options. Call us at 630-668-4211 for a complimentary consultation.