Contempt of Court in Colorado

What Happens If You Are Charged With Contempt of Court in Colorado?

In Colorado family law cases, contempt often arises when a person fails to follow court orders involving custody, parenting time, child support, or spousal support. Understanding the steps involved can help you prepare and protect your rights.

1. Filing a Motion for Contempt

The harmed party files a motion with the court explaining how the other person violated the order. This document lists each instance of non-compliance and requests that the court take action.

2. Scheduling the Hearing

After the motion is filed, the court sets a date for a contempt hearing. Both parties receive notice and must appear.

3. The Contempt Hearing

At the hearing, both parties can present evidence and explain their side of the issue. Judges commonly review records showing missed child support or spousal support payments or proof that parenting time orders were not followed.

In Colorado, for contempt of court matters concerning unpaid support, evidence often includes:

• A sworn affidavit
• Certified payment records from the court clerk
• Payment history from the Family Support Registry

Some contempt matters require additional hearings. Most cases take between two and four months to resolve.

Rights of Individuals Accused of Contempt of Court

Individuals accused of contempt of court in family law cases have certain rights, including:

• Right to Notice: Individuals must be properly served with notice of the contempt motion and hearing.
• Right to a Hearing: Accused individuals have the right to a fair and impartial hearing where they can present their side of the case and challenge the allegations against them.
• Right to Legal Representation:  Depending on the type of contempt charged, the person may have the right to legal representation. A family law attorney can advocate on their behalf and ensure their rights are protected throughout the legal process.

Potential Penalties for Contempt of Court in Colorado

Contempt of court is a serious offense in Colorado and can result in various penalties imposed by the court. These penalties are designed to ensure compliance with court orders, maintain the integrity of the judicial process, and uphold the authority of the court.

Fines

One common penalty for contempt of court in Colorado is the imposition of fines. The court may order the individual found in contempt to pay a monetary penalty as a consequence of their failure to comply with court orders. These fines can vary in amount depending on the severity of the contempt and the discretion of the court.

Incarceration

In more serious cases of contempt, the court may order the individual to serve time in jail. Contemptuous behavior that significantly disrupts court proceedings or demonstrates a willful disregard for the authority of the court may warrant imprisonment as a punitive measure.

Mitigating Factors

It’s important to note that the court will consider mitigating factors when determining the appropriate penalties for contempt of court. Factors such as the individual’s willingness to remedy the contemptuous behavior, their history of compliance with court orders, and any extenuating circumstances may influence the court’s decision regarding penalties.

Defending Against Contempt of Court Charges in Colorado

When someone is accused of contempt of court, working with a family law attorney is important to understand possible defenses and protect their rights. Several defenses may apply depending on the circumstances of the case.

Lack of Intent

A person may defend against contempt by showing that the violation was not deliberate. If the actions were the result of misunderstanding, confusion, or an inability to comply, the court may find that the conduct was not willful.

Justification for Actions

A defense may be available if compliance with the order would have created a safety risk or was impossible due to circumstances outside the person’s control. Situations such as medical emergencies or significant unexpected events may justify temporary non-compliance.

Good Faith Compliance Efforts

If the individual can show that they attempted to follow the court’s order or took steps to correct the issue, this may help lessen or eliminate penalties. Demonstrating good faith and a willingness to comply can be an important factor in the court’s decision.

Legal Assistance With Contempt of Court Matters

A contempt of court citation in Colorado is a serious issue that requires prompt and knowledgeable legal guidance. Whether you are defending yourself against allegations or seeking enforcement of a court order, having an experienced attorney can make a significant difference in the outcome of your case. With the right legal support, you can present clear explanations, demonstrate good faith efforts, and protect your rights throughout the process.

The attorneys at Colorado Legal Group can help you respond to contempt charges or pursue a contempt action against an ex-partner who has violated an order. Our team is committed to helping you reach a fair and effective resolution.

Contact us today to get started.