Admonition Legal Meaning: Everything You Need to Know
Admonition's legal meaning is similar to everyday use. When referring to what is known as a friendly reproof, many people will use the term admonition. 3 min read
Admonition's legal meaning is similar to everyday use. When referring to what is known as a friendly reproof, many people will use the term admonition. This type of reproof is to signify that a warning has been given regarding an oversight. The definition of the term is to advise someone or to give a mild criticism.
What Is Admonition Legal Meaning?
When looking at the admonition legal meaning from the ecclesiastical law viewpoint, this means that the lightest form of punishment possible has been given. It is generally given in the form of a warning. In legal cases, an admonition from a judge is a warning to a defendant that something is not to take place, or that it should take place. If the defendant fails to obey what the judge has warned them of, then a more severe punishment will be handed down.
For example, if a judge warns a grandparent to hand over physical custody of a child to his or her biological father who has rights to the child, and the grandparent fails to do so, then the judge will issue a strict punishment to the grandparent.
When Are Admonitions Given?
When in court, it is not uncommon for a judge to give a person an admonition in the following types of cases:
- Custody cases.
- Divorce cases.
- Drug cases.
- Lawsuits.
Does Admonition Include Scolding?
While admonition can be viewed as a form of advice, it almost always comes with some form of scolding. If you are warned about a mistake you will likely make in the near future, this is called an admonition. This type of warning can be given in many ways.
Sometimes, it comes very gently from the person administering the admonition. In other cases, it's more aggressive and harsh. In Scotland, this type of warning is given to a defendant who has been found guilty of something but has been set free instead of receiving an actual punishment.
Examples of Admonition
A judge will often give some type of admonition to a person who has been convicted of a drug crime. The judge will issue the sentence, which may or may not include time behind bars, and will tell the person they are to follow strict rules or a harsher sentence will be issued. For example, if a person receives a two-year probationary period instead of having to serve time behind bars, the judge will let the person know that if he or she does not follow the probation rules very carefully, that serving out the sentence will become necessary.
It is also not uncommon to see a judge issue an admonition during a child custody case. The judge will tell the parents that they are not to bad mouth the other parent in front of the child or some type of punishment will be handed down, which could result in the disobeying parent not being able to spend much time with the child in his or her physical custody.
Another example of when admonitions are given is when a person has been accused of physically harming another person. The judge will issue a warning that the person is to stay away from the victim. If he or she does not, then a harsh sentence will be issued.
Much of the time, an admonition being given by a judge will allow him or her to see how willing a person is to listen to the warning given. If the warning is followed and the person has yet to be convicted of a crime, the judge may use this as a factor when handing out punishment if a conviction is made.
For example, if a person is found guilty of driving under the influence of alcohol, but the person followed the judge's admonition before the conviction was received, this may move the judge to not enforce a harsh sentence once the sentencing hearing comes around.
As you can see, it is always in your best interest to follow the advice and warning that is given in an admonition from a judge or lawyer. When you don't follow it, there may be harsher consequences in the near future.
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