When precisely is a court order effective?

[mdf]

What is the name of your state? CT

Is a court order effective the moment a judge hits the gavel or is it as of the date on the hard copy order issued by the clerk?

For instance, if a motion is granted to a plaintiff, can the plaintiff proceed to act in accordance with the order even though she doesn't have a hard copy of the court order yet? Whether she succeeds or not is not the question---she wants to be sure she acts legally regardless.

Thanks,

 

[JETX]

Is a court order effective the moment a judge hits the gavel or is it as of the date on the hard copy order issued by the clerk?

For instance, if a motion is granted to a plaintiff, can the plaintiff proceed to act in accordance with the order even though she doesn't have a hard copy of the court order yet?

Confusing... as it really doesn't matter WHEN the action is taken... AS LONG as it is done in accordance with the court order (and within the time ordered, if there is a time stated).

 

[mdf]

Thank you. Let me clarify the situation if it helps:

The husband has exclusive possession of the marital property. When the wife agreed, she did not understand that meant the entire property--she thought it meant she couldn't enter the house. The husband calls the police if she goes near the property. If she gets a court order allowing her access, can she leave court and go directly there to retrieve her property or does she have to wait for the hard copy court order?

In other words, if she attempts to retrieve her property after the judge has said she can but before she has the court order in hand, has she violated the exclusive possession?

 

[LdiJ]

Thank you. Let me clarify the situation if it helps:

The husband has exclusive possession of the marital property. When the wife agreed, she did not understand that meant the entire property--she thought it meant she couldn't enter the house. The husband calls the police if she goes near the property. If she gets a court order allowing her access, can she leave court and go directly there to retrieve her property or does she have to wait for the hard copy court order?

In other words, if she attempts to retrieve her property after the judge has said she can but before she has the court order in hand, has she violated the exclusive possession?

No, she won't have violated anything but she won't get help or cooperation from police etc., without a hard copy of an order in hand.

If she is concerned that the husband will dispose of her property before she can get a hard copy, she can have a written order ready for the judge's signature when she goes to court, and can ask the judge to sign it on the spot.

 

[JETX]

If she gets a court order allowing her access, can she leave court and go directly there to retrieve her property or does she have to wait for the hard copy court order?

Of course she could go right to the property... but she has no PROOF to show anyone (police) when they come to arrest her for trespassing.

In other words, if she attempts to retrieve her property after the judge has said she can but before she has the court order in hand, has she violated the exclusive possession?

She needs to wait until the court signs the order. This isn't rocket science. Have your attorney draft the order to present to the court at the time of the hearing. Both parties sign acceptance and offer to the court for signature. Heck, do it right and you should be able to walk out of the court with the signed order in your hand.

 

[mdf]

Yes, well, if she can retrieve the property before the police arrive, that obviously would be best.

Unfortunately, the police have not been helpful. Even when she has had hard copy of court orders for other matters relating to his failure to return the children, he calls the police when he knows she's coming, they show up before she even gets there and tell her to leave the property because they don't get involved in "civil" matters. Then they tell her to take him back to court. They literally refuse to enforce the orders. It's a small town. The husband is friends with officers through sports leagues. The wife called the chief to complain and he threatened her with arrest because she's "obviously" harassing the husband. This is even after she has shown them the court orders.

 

[Ohiogal]

Yes, well, if she can retrieve the property before the police arrive, that obviously would be best.

Unfortunately, the police have not been helpful. Even when she has had hard copy of court orders for other matters relating to his failure to return the children, he calls the police when he knows she's coming, they show up before she even gets there and tell her to leave the property because they don't get involved in "civil" matters. Then they tell her to take him back to court. They literally refuse to enforce the orders. It's a small town. The husband is friends with officers through sports leagues. The wife called the chief to complain and he threatened her with arrest because she's "obviously" harassing the husband. This is even after she has shown them the court orders.

The police will NOT enforce civil orders unless within the civil orders there is a provisions REQUIRING THEM to assist in the enforcement of said order.

 

[CdwJava]

Custody orders DO tend to be civil matters. While they might be orders of the court and theoretically punishable by prosecution and arrest, most DAs aren't going to deal with them. Why? Because they would get deluged with tem.

The police get calls constantly about one party or another returing five minutes late to drop the kids off, or being late with a payment, or some other sort of violation. These can be so common that many police agencies don't even respond to them anymore.

In my county in CA our DA won't touch these. And my agency used to get so many of these reports we had to cancel most all responses for them because on Friday and Sunday we would take a dozen or so report for assorted violations.

If the ex heads to the house with the written court order allowing her access to pick up property, she shouldn't be arrested. However, the police are not likely to kick in the door to allow her entry, nor are they going to act as the arbitrator to decide what property belongs to whom.

The BEST court order of this type is to have not only an order allowing the access, but specifying the specific property to be taken away.

- Carl

 

[mdf]

Thank you both. This is excellent advice.

As you can tell, this situation is bitter. The wife is following the rules, the husband is not. She is afraid of him (which is why she left with two kids and the clothes on her back) and knows, despite his constant violations, that if she violates anything, he will do everything he can to have her arrested.

btw, the issue with the children was not a five minute situation. It was 12 hours after he took her son and told her "try and find me."