Modification of Enforcement Orders Lawyer in Orange County, CA, Getting Clients a Fair Outcome
It’s never a fun experience to be involved in a legal dispute that could end up in court. Unfortunately, there is a vast array of situations that can land you before a judge or jury. In many instances, these cases result in court orders being issued. These orders are based on the parties’ current situation, though, so what can be done when situations change? Fortunately, a modification of enforcement orders in Orange County, CA is possible.
When someone requests such a modification, however, the burden of proof falls on them. This is why it’s so important to seek legal advice before going this route. Doing so can help you save time and money while better understanding your chances in court. The Law Office of Patrick O’Kennedy offers consultations, so it costs you nothing to find out where you stand legally and the best way to secure a positive result.
When Can I Request a Modification of Enforcement Orders?
Court orders have a specific purpose in mind, but they’re always made on a situational basis. For instance, a judge may decide that a higher-earning spouse should make alimony payments after a divorce is finalized. Of course, there’s no guarantee that the paying spouse will always earn more—and there’s always a possibility that their financial situation could change. In such instances, it’s perfectly understandable that someone would seek a modification.
Here are some of the most common issues that lead to modification of enforcement orders in Orange County:
- Financial changes: Changes in financial situations are a common reason for successful modification requests. If someone gets a pay cut or loses their job, their financial situation is completely different than it was during the initial court order.
- Changes in living situation: An individual’s living situation may improve or decline after the issuance of a court order. For instance, alimony payments may be reduced if the recipient moves in with a new spouse.
- Change in physical location: Changes in physical location can affect court orders in some situations. For instance, a parent who is moving out of state will likely need to seek a modification to visitation orders before doing so.
- Benefit of child: When a child is involved in a court order, courts will frequently approve modifications in the best interests of the child. For instance, a parent being arrested for a drug charge may result in the court thinking they shouldn’t have primary physical custody.
These and other situations justifying a modification are typically referred to as “material changes in circumstances.” California courts want to ensure the best interests of everyone are served, but they don’t want to unfairly burden an individual. If material changes in your situation have occurred, an attorney may be able to help you modify enforcement orders in Orange County, CA.
Contact the Law Office of Patrick O’Kennedy today to learn more.
What Evidence Can Prove a Modification Is Necessary?
Modifying court orders is not uncommon in California. For such a request to be successful, though, the requestor must show evidence of their claim. The burden of proof is on the individual requesting such a modification, so it’s important to know what evidence is sufficient in court. The following are by far not the only things a judge or jury will consider, but they provide insight into the type of proof a court may look for:
- Termination letters
- Pay stubs
- Arrest reports
- Photos from private investigators
- Phone records
- Financial statements
- Engagement announcements
- Witness testimony
Any of these pieces of evidence can prove that a material change in circumstances has occurred. To put it simply, a situation that would have affected the initial court order may very well be sufficient to justify a modification. Don’t fall into the trap of thinking a court order is the end-all and be-all. If you believe such an order is no longer fair or appropriate for your situation, don’t be afraid to seek out legal advice.
Do I Need an Attorney to Modify Enforcement Orders?
One of the greatest things about the American legal system is that anyone can participate in it. Whether an individual is a multi-billionaire or sells bottled water on the highway, they have a right to take their legal issues to court. This means you don’t need an attorney for a modification of enforcement order in Orange County. If you opt to go this route, however, you’ll typically be doing yourself a disservice.
Statistics consistently show that individuals with legal representation usually fare better in court. This is because they’re represented by an individual with experience in the legal system and with how local courts work. The necessary time put into legal research alone makes representing oneself prohibitive—at least if you want to be successful in your case. An attorney improves your odds of winning, so why go it alone?
While you may think you’re saving money by requesting a modification of enforcement orders in Orange County on your own, you’re more than likely just reducing the chances of your request being approved. In the end, this can be a far more costly outcome.
Contact a Modification of Enforcement Orders Attorney in Orange County
When California courts issue orders, it’s done so with an idea of fairness in mind. This is true whether the order tries to ensure a child spends time with both parents or a non-working spouse is able to become self-supporting after a divorce. Of course, everyone knows situations change. If you’re in such a situation, having experienced legal representation on your side can help you reach a fairer outcome.
At the Law Office of Patrick O’Kennedy, you’ll work with an attorney with two decades of experience. During this time, he’s assisted many clients in successfully attaining modifications of enforcement orders in Orange County. If you’re unsure whether such a request is worth your time, don’t hesitate to reach out. Contact us today for a consultation by calling (714) 919-1855. We can help you better understand your unique situation and how to move forward.