Consequences of Violating a Visitation Order in North Dakota
In North Dakota, the consequences of violating a visitation order can be severe and multifaceted, encompassing both civil and criminal penalties. The state takes these violations seriously, as they interfere with the rights of the noncustodial parent and can negatively impact the child involved.
Civil Consequences
According to North Dakota Century Code 14-09-24, if a custodial parent willfully and persistently denies visitation rights to the noncustodial parent, the court may award the noncustodial parent reasonable attorney’s fees and costs. This is a significant financial consequence that can act as a deterrent to violating visitation orders.
Furthermore, the court has the power to use any remedy available to enforce a child support order, which is also appropriate to enforce visitation. This could include wage garnishment, property liens, or other enforcement mechanisms.
Criminal Consequences
In addition to civil penalties, there are also criminal consequences for violating a visitation order in North Dakota. As per North Dakota Century Code 14-07.1-06, the first violation of any order, including a visitation order, is considered a class A misdemeanor and also constitutes contempt of court.
A class A misdemeanor in North Dakota can result in a jail term of up to 360 days, a fine of up to $3,000, or both. Contempt of court, on the other hand, can lead to additional fines or jail time, depending on the severity of the violation and the discretion of the court.
If there is a second or subsequent violation of any protection order, it is considered a class C felony. A class C felony in North Dakota can result in imprisonment for up to five years, a fine of up to $10,000, or both.
Impact on Custody and Visitation Rights
Repeated violations of a visitation order can also impact the violator’s custody and visitation rights. The court may decide to modify the existing custody or visitation order, potentially reducing the violator’s time with the child or imposing supervised visitation. In extreme cases, the court could even change the primary residential responsibility to the noncustodial parent (North Dakota Century Code 14-09.4-13).
In conclusion, violating a visitation order in North Dakota can lead to serious civil and criminal consequences, including financial penalties, jail time, and potential changes to custody and visitation rights. It is crucial for all parties involved in a custody or visitation order to understand these potential consequences and to comply with all court orders to avoid these penalties.