When someone does not comply with a court order in Colorado, such as failing to pay child or spousal support, refusing to follow a parenting plan, or not following other aspect(s) of a valid written court order, you may need to file a motion for contempt. Filing for contempt is a legal process that asks the court to enforce its orders and hold the non-compliant party accountable.
If you're unsure how to proceed with a contempt action, this guide will walk you through the steps to file for contempt in Colorado and provide you with useful information to ensure the process is smooth and effective.
What is Contempt of Court?
Contempt of court occurs when an individual willfully disobeys a court order. In Colorado, contempt is divided into two types:
Direct Contempt: Occurs in the presence of the court, such as inappropriate behavior or disrespect toward the judge.
Indirect Contempt: Involves failure to comply with a court order outside the presence of the court, such as failing to pay child support or not following a custody arrangement.
Filing for contempt is a serious legal matter. The person accused of contempt may face fines, attorney's fees, or even jail time, depending on the severity of the violation.
Common Reasons to File for Contempt in Colorado
Contempt actions are typically filed in family law cases for several reasons, including:
Failure to Pay Child Support or Spousal Maintenance: If a party fails to make required payments as ordered by the court.
Failure to Comply with Property Division Orders: Refusing to transfer assets or pay debts as required by a divorce decree.
Violation of Parenting Time Orders: When one parent interferes with the other parent's court-ordered visitation or parenting time.
Disobedience to Any Court Order: Any willful non-compliance with a specific provision in a court order.
If you find yourself dealing with any of these issues, filing for contempt may be necessary to protect your rights and ensure that the court's orders are respected.
Steps to File for Contempt in Colorado
Gather Evidence of the Violation:
Before you file for contempt, you need to gather evidence that demonstrates the other party's failure to comply with the court order. This could include:
Financial Records: Bank statements, pay stubs, or payment history showing missed child support or alimony payments.
Communication Logs: Emails, text messages, or voicemails that demonstrate the other party's refusal to comply.
Witness Testimony: Statements from individuals who can testify to the violation, such as friends, relatives, or law enforcement officers.
Documented Evidence of Missed Parenting Time: Proof of missed or denied parenting time, such as communication logs or testimonies.
Review the Court Order:
Ensure you thoroughly review the court order in question. Make sure the order clearly specifies the obligations of both parties, such as payment amounts, schedules, or visitation times. This will help you determine whether a violation has occurred.
Prepare the Motion for Contempt:
To initiate a contempt action, you must file a Motion for Contempt with the court that issued the original order. The motion should include:
Case Information: Include the case number, names of both parties, and the specific order that has been violated.
Allegations of Contempt: Clearly state the actions or inactions that constitute contempt of court. Be specific and provide dates, amounts, or instances of non-compliance.
Evidence Supporting Your Claim: Attach copies of any documents, records, or other evidence supporting your contempt allegations.
You can typically find the required forms on the Colorado Judicial Branch website or at your local courthouse. If you are unsure how to complete the forms, consider consulting with a family law attorney.
File the Motion with the Court (also file a Proposed Order):
Once your Motion for Contempt is complete, file it with the clerk of the court where the original order was issued. Pay the required filing fee or request a fee waiver if you cannot afford it.
File in the Correct Court: If your original order was issued in a district court, you must file your motion there.
Serve the Motion: After filing, you must serve the motion to the other party. This involves providing them with a copy of the motion and any accompanying documents. This can be done by a process server, sheriff’s office, or by someone who is not a party to the case and is over the age of 18.
Attend the Contempt Hearing:
Once the motion is filed and served, the court will schedule a hearing to determine if contempt has occurred. During the hearing:
Present Your Case: Be prepared to present your evidence, including documents, witness testimony, or any other relevant information that supports your claim.
Cross-Examine the Other Party: You will have the opportunity to cross-examine the accused party, who may also present their own evidence or defense.
Follow Court Protocol: Respect the court's protocols, remain calm, and be concise and clear in your statements.
The judge will evaluate the evidence, determine whether the other party willfully violated the court order, and issue a ruling.
Await the Court's Decision:
After hearing both sides, the judge will decide if the accused party is in contempt of court. If the court finds that contempt has occurred, the judge may issue one or more of the following consequences:
Fines: The court may impose fines on the non-compliant party.
Payment of Attorney's Fees: The judge may require the party in contempt to pay the legal fees of the other party.
Makeup Time or Compliance Orders: The court may order the party to comply with the original order or provide makeup parenting time.
Jail Time: In severe cases, the court may sentence the non-compliant party to jail until they comply with the court order.
Defending Against a Contempt Motion
If you are the party facing a contempt motion, there are steps you can take to defend yourself:
Show Good Faith Effort: Demonstrate that you have made a reasonable effort to comply with the court order. This could include attempts to make partial payments or communicate about your circumstances.
Present Evidence of Inability to Comply: If you were unable to comply due to circumstances beyond your control, such as job loss or medical emergencies, present documentation to support your claim.
Seek Legal Representation: An experienced family law attorney can help you understand your rights and present a strong defense.
Why You Should Consider Hiring an Attorney for Contempt Cases
Filing or defending against a motion for contempt can be legally complex and emotionally challenging. A skilled family law attorney can help you:
Understand the Legal Process: An attorney can guide you through filing and help you meet all legal requirements.
Build a Strong Case: A lawyer can assist you in gathering evidence, preparing for the hearing, and presenting your case effectively.
Negotiate or Mediate: Sometimes, a contempt case can be resolved without a court hearing. An attorney can help negotiate with the other party to reach an agreement.
Conclusion
Filing for contempt in Colorado is a serious step that can help enforce court orders and protect your rights. Whether you are dealing with unpaid child support, custody violations, or other breaches of a court order, understanding the process can empower you to take the appropriate action.
Need Help Filing for Contempt in Colorado? Contact Us Today!
If you need assistance with filing or defending against a contempt action in Colorado, our experienced family law attorneys are here to help. Contact Creager Legal today for a free consultation, and let us guide you through the process to ensure your rights are protected.
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