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Failure to comply
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Author:  smith01 [ Fri Oct 07, 2016 12:23 pm ]
Post subject:  Failure to comply

Failure to comply in general means a failure, refusal, or neglect to obey an official order. Failure to comply may be a criminal (punishable by incarceration) or civil offense (punishable by fine), depending on the type of order that was disobeyed. For example, failing to comply with a police order to pull your car off the road and fleeing is a generally a criminal offense.

The following is an example of a state law involving failure to comply:

If, based on all the facts and circumstances, the court finds after hearing that the parent, in bad faith, has not complied with the order establishing residential provisions for the child, the court shall find the parent in contempt of court. Upon a finding of contempt, the court shall order:

(i) The noncomplying parent to provide the moving party additional time with the child. The additional time shall be equal to the time missed with the child, due to the parent's noncompliance; (ii) The parent to pay, to the moving party, all court costs and reasonable attorneys' fees incurred as a result of the noncompliance, and any reasonable expenses incurred in locating or returning a child; and (iii) The parent to pay, to the moving party, a civil penalty, not less than the sum of one hundred dollars.



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