Enforcement of an Order


Asking the Court to Enforce an Order

This page explains how to ask the Utah court to enforce an existing order or decree by filing a Motion to Enforce Order (also known as an Order to Show Cause). If the other party violates any of the terms of an existing order or decree, you may file a Motion to Enforce, asking the court to hold the other party in contempt. If a party is held in contempt, the court may give that party instructions on how to purge their contempt. A court may also order a party in contempt to serve up to 30-days in jail, pay up to a $1,000 fine, order a party to pay the other party’s attorney’s fees, and may issue other sanctions as the court deems necessary and proper. The purpose of contempt is not to punish a party, but rather to bring them into compliance with the order. If the order is from another state or from Utah's Office of Recovery Services (ORS), additional steps may be required, such as registering the foreign or ORS order with the district court in Utah.

Steps to Enforce an Order

  1. File Documents:
    You must file the appropriate motion and supporting documents with the court. If the case involves domestic relations (e.g., divorce, child support), special forms are needed.

  2. Serve the Papers:
    Once the court schedules a hearing, you must serve the other party with all filed documents at least 28 days before the hearing. The method of service depends on whether the other party has legal representation. The other party may file a Memorandum Opposing the Motion.

  3. Attend the Hearing:
    The court may schedule a telephone conference or a formal hearing, either in person, by phone, or online. Both parties will have the opportunity to argue their positions. The judge will review whether the other party violated the order, and if so, may hold the party in contempt and impose penalties such as fines or jail time. In order to hold a party in contempt, the court must find that the offending party: (1) knew about the order; (2) had the ability to comply with the order; and (3) willfully failed to obey the order.

  4. Special Process (Denial of Parent-Time):
    In the 3rd Judicial District, if a party is denied parent-time (custody), a special process may apply, such as requesting a Writ of Assistance to remove children, which could involve law enforcement.

Opposing a Motion to Enforce Order

If you oppose the motion, you must file a Memorandum Opposing Motion and may also file your own Motion to Enforced, known as a counter motion. Both parties will need to attend the hearing, where they can present their arguments.

Collecting a Judgment

If the court orders a monetary judgment (e.g., overdue child support, alimony, or other debt), the party requesting enforcement can pursue collection through the court or contact ORS to find out whether they can help collect a judgment.