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amannm · Jul 17, 2008, 10:16 AM

Who is responsible for enforcing court orders? If someone is violating a court order who do you go to to have it obeyed?

Thanks

Marianne
Lake County, IL

JudyKayTee · Jul 17, 2008, 11:11 AM

Originally Posted by amannm

Who is responsible for enforcing court orders? If someone is violating a court order who do you go to to have it obeyed?

Thanks

Marianne
Lake County, IL

Back to the Court that issued it and ask that it be enforced.

What type of case? Hard to give details without more info .

George_1950 · Jul 17, 2008, 11:12 AM

The aggrieved party must file a motion for contempt in the court in which the order originated. See: "American Heritage New Dictionary of Cultural Literacy, Third Edition - Cite This Source... contempt of court: The deliberate obstruction of a court's proceedings by refusing to obey a court order or by interfering with court procedures. Contempt of court can be punished by fine, imprisonment, or both.

ScottGem · Jul 17, 2008, 11:37 AM

Yes, you need to go back to the court that issued the order to get an order of enforcement. What happens then depends on the nature of the order. For example, with a contempt of court order, the judge might instruct local law enforcement to arrest the violator. In the case of a civil proceeding, the enforcement order may be given to a sheriff to enforce.

amannm · Jul 17, 2008, 11:46 AM

Originally Posted by JudyKayTee

Back to the Court that issued it and ask that it be enforced.

What type of case? Hard to give details without more info .

Thanks this was an eminent domain case. Neighboring villge was deded dirt and gravel road for a public right of way for future installation of a public road. They have failed to do anything, no maintenance, snow removal of the 1/3 mile only access to 2 private homes. We were granted reasonable vehicular traffic. They've left the road like this since April 1, 1999.

Thanks for your help.

Marianne

amannm · Jul 17, 2008, 11:50 AM

Originally Posted by ScottGem

Yes, you need to go back to the court that issued the order to get an order of enforcement. What happens then depends on the nature of the order. For example, with a contempt of court order, the judge might instruct local law enforcement to arrest the violator. In the case of a civil proceeding, the enforcement order may be given to a sheriff to enforce.

Thanks for your help. I'm thinking a writ of mandamus demanding the village install the road would be better for getting the road put in. See the village committed fraud. They never intended to use the road for the public. They planned on moving it under their ordinances except the court placed a permanent easement on it. They have since purchased the property the road is located on and sold it to METRA for a parking lot forgetting (doubtful) that they can't sell it and that the court only granted them use for a public road.

I'm working on the writ of mandamous but I a summons has to be served and I can't afford to pay for it. I can ask the court if someone 18 or over not connected to the case to be able to serve with a motion but I'm not sure if I have to notify the village.

Marianne

amannm · Jul 17, 2008, 11:52 AM

Originally Posted by George_1950

The aggrieved party must file a motion for contempt in the court in which the order originated. see: "American Heritage New Dictionary of Cultural Literacy, Third Edition - Cite This Source... contempt of court: The deliberate obstruction of a court's proceedings by refusing to obey a court order or by interfering with court procedures. Contempt of court can be punished by fine, imprisonment, or both.

Thanks Georhge. I will look at the above reference.

Marianne