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what would happen if i did not show up to court in a divorce

Customer Question
and an order of protection...
what would happen if i did not show up to court in a divorce and an order of protection against me?
Submitted: 5 years ago.Category: Family Law
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Answered in 1 minute by:
12/1/2011
Family Lawyer: Brandon M., Family Law Attorney replied 5 years ago
Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12,620
Experience: Attorney experienced in all aspects of family law
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Hello there:

Thank you for entrusting me with your question. This is not a situation where the court has ordered you to appear, correct?
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Customer reply replied 5 years ago

correct.

Family Lawyer: Brandon M., Family Law Attorney replied 5 years ago
By not appearing, you would forfeit your right to be heard. The court is still bound by the law and the rules of evidence, but it will make its decision without you.

Let me know if further clarification is needed. Also, please feel free to ask me another question – if you’re a subscriber, you can do so at no additional cost beyond your monthly payment. Please bookmark my profile page here so you can come back and ask me a question anytime: http://www.justanswer.com/law/expert-trialmaster/. Thank you.

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Customer reply replied 5 years ago
when would a court order you to appear
Family Lawyer: Brandon M., Family Law Attorney replied 5 years ago
In civil matters (including family law/divorce matters), you would typically only see it where it appears that you have done something wrong and the court wants you to explain yourself. There is nothing wrong with forfeiting your right to be heard.

Let me know if further clarification is needed. Also, please feel free to ask me another question – if you’re a subscriber, you can do so at no additional cost beyond your monthly payment. Please bookmark my profile page here so you can come back and ask me a question anytime: http://www.justanswer.com/law/expert-trialmaster/. Thank you.
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Customer reply replied 5 years ago
like when? violating an order of protection, or not producing documents when requested? when?
Family Lawyer: Brandon M., Family Law Attorney replied 5 years ago
Violating an order of protection is a criminal matter, so they would typically just arrest you. Not producing documents in the course of discovery would not require an appearance either. It is not common to be ordered to appear; as I mentioned, it only comes up when you are under a duty to do something and you do not.

Because this is a hypothetical question, it can go in a lot of different directions. I will give you an example from my practice this week. I have a client who applied for spousal support and received it. However, as a condition of that support, she is required to file proof that she is and has been looking for work. She has not done this and the matter was scheduled for review this morning. At the review hearing, the court ordered that she appear to explain why she has not filed as previously ordered. There was an affirmative duty, she failed to meet that duty, and now the court wants her to appear. That is the sort of scenario wherein you might see the court order a party to appear in court. In most cases, you simply do not have to appear if you do not wish to appear.
Brandon M.
Brandon M., Family Law Attorney
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Satisfied Customers: 12,620
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