A Judicial Order of Proper Conduct is commonly used in family law cases, and helps protect the well-being of all parties. In family law, tensions can run high, with negative impacts for those involved in the case, especially children. To address this, courts may issue a Judicial Order of Proper Conduct (JOPC), which sets specific behavioral guidelines that parties must follow during the legal process.
What Is a Judicial Order of Proper Conduct?
A Judicial Order of Proper Conduct is a court-issued directive mandating how the parties in a legal proceeding should behave. This type of order is commonly used in divorce cases or child custody disputes, where the court sees a need to establish clear guidelines for interactions between the parties. Common situations where a court may issue a JPOC include:
- High-Conflict Divorces: In cases where the divorce is or has a potential to be high-conflict, the court may issue a JOPC to ensure that both parties conduct themselves appropriately and do not engage in actions that could worsen the situation.
- Custody Disputes: In a custody battle, a JOPC may be issued to protect the children from harmful behaviors. This includes those such as disparaging remarks about the other parent or attempts to alienate the child from one parent.
- Protecting Safety: If there are concerns about the safety of one party, such as a history of domestic violence or threats, the court may issue a JOPC to set boundaries on interactions between the parties.
The purpose of a JOPC is to prevent actions that could increase conflict, cause harm, or impact the legal process.
Common Provisions
A JOPC can include a wide range of provisions, depending on the needs of the case. Some common provisions might include:
- No Disparaging Remarks: Orders often prohibit the parties from making negative comments about each other, particularly in front of children. This also prevents one parent from alienating the child from the other parent.
- Restrictions on Communication: The court may limit the types of communication between the parties, requiring all communications to go through written correspondence or through attorneys.
- Prohibition of Certain Behaviors: A JOPC may prohibit specific actions, such as harassment, stalking, or threatening behavior. It may also include restrictions on the consumption of alcohol or drugs during visitation periods.
- Supervised Visitation: In some cases, the court may require supervised visitation to ensure the safety and well-being of the child.
- Limits on Third-Party Involvement: The order might restrict the involvement of new romantic partners or other third parties in the child’s life during the legal proceedings, particularly if their involvement is likely to cause distress.
Violating a JOPC can have serious legal consequences. If one party fails to follow the orders terms, the other party can file a motion for contempt of court. If the court finds that a violation occurred, the offending party could face penalties such as fines, a modification of custody or visitation, criminal charges, and more.
How to Comply with a Judicial Order of Proper Conduct
To avoid the consequences of violating a JOPC, it is key to understand and comply with all of the terms. Here are some steps to ensure compliance:
- Review the Order Carefully: Read the order in detail to understand all the requirements and restrictions. If any part of the order is unclear, consult with your attorney for clarification.
- Document Interactions: Keep records of all interactions with the other party, including emails, text messages, and phone calls. This documentation can be important if disputes arise over compliance with the order.
- Follow Communication Guidelines: Adhere strictly to any communication guidelines set out in the order. If the order requires communication through attorneys or another third party, do not attempt to get around these.
- Avoid Conflict: Take steps to minimize conflict with the other party, particularly in front of children. Following the order’s guidelines can help reduce tension and promote a more peaceful resolution to the legal proceedings.
By consulting with an attorney throughout, you can ensure that you are in full compliance and your rights are protected.
Tulsa Family Law Attorneys
A Judicial Order of Proper Conduct is an important tool that courts use to ensure that parties behave appropriately during legal proceedings, particularly in emotionally charged family law cases. Understanding a JOPC and the importance of compliance can help protect your legal rights and the well-being of all parties. If you are subject to a JOPC or are considering requesting one, contact our team of family law attorneys at Tulsa Divorce Attorneys & Associates by calling 539-302-0303 or go online to learn more.