Failure to Comply
Failure to Comply
In general Failure to comply stand for a failure, denial, or disregard to obey an official order. In legal terms, Failure to comply may be an offense which could be punishable by incarceration. It can be deemed as civil offense which is punishable by fine depending on the nature of order which was disobeyed. For instance, failed to comply with a police order to pull out the car off the road and escaping (fleeing) is a generally a criminal offense.
The following are the example of a state law which contains failure to comply:
- Based on all the facts and circumstances, if the court finds that the parent, having bad faith, has not complied with the established order of residential provisions meant for the child the court will find the parent in disrespect of court. And upon finding the contempt, the court may order:
(i) The parent to provide the moving party extra time with the child. The extra time will be equal to the time missed with the child, caused by the parent's noncompliance; (ii) The parent to make payment, to the moving party, all court charges and reasonable legal advisers' fees sustained as a result of the noncompliance, and any of the reasonable expenses sustained in locating or returning a child; (iii) The parent to incur a civil penalty, not less than the sum the amount of one hundred dollars to the moving party,
- The court can order the parent to be imprisoned in the county jail as well, if the parent is currently able to fulfill the provisions of the court-ordered parenting plan and is not willing to comply. The parent could be put under the imprisonment until he or she agrees to abide by the order, but in no incident for more than one hundred eighty days.
- On being a second failure within three years to obey a residential provision of parenting plan, a motion can be filed to commence the contempt of court proceedings as per the procedure mentioned in sub-section (2)(a) and (b) of the section. For the contempt found under this subsection, the court may order:
(1) The non complying parent to grant the other parent or party supplementary time with the child. The supplementary time shall be twice of the time missed with the child, because of the parent's non compliance;
(2) The non complying parent to reimburse, to the party or parent, all court charges and reasonable legal professionals' fees incurred due to the noncompliance, and any reasonable costs incurred in locating or giving back a child
(3) The non complying parent to make the payment of civil penalty of not less than two hundred fifty dollars to the moving party.
- Any award having monetary value ordered under subsections (1), (2), and (3) of the section may be imposed, by the party to whom it is rewarded, in the same manner treating it as a civil judgment.
If you have failed to complete terms, and if a warrant has been already issued against you, the first thing you can do is to hold the services of a skilled criminal defense lawyer, like the Ramiro J. Lluis. Remember that if you don’t surrender in front of law enforcement, then they can search for you and immediately arrest you on-sight. This could lead to very stressful, troublesome consequences for you plus your family. By seeking help of criminal defense lawyer, you would be able to avoid imprisonment altogether.
Call today for a free consultation with a our Warrant Attroneys about your Failure to Comply.