If you’re involved in a family law case in Colorado and believe that the other party is not following a court order, or if you have been accused of not complying with a court order, you may find yourself facing a contempt hearing. These hearings are often misunderstood, but understanding what to expect can help you navigate the process more effectively and protect your rights.
This guide will explain the purpose of a Colorado contempt hearing, the steps involved, the potential consequences, and how to prepare.
What Is a Contempt Hearing in Colorado?
A contempt hearing is a legal proceeding where the court determines whether a person has failed to comply with a court order and, if so, what the consequences will be. In family law cases, contempt often arises when one party does not follow court orders regarding child custody, parenting time, child support, spousal maintenance (alimony), or property division.
There are two types of contempt in Colorado: remedial contempt and punitive contempt.
Remedial Contempt: This type of contempt is intended to compel compliance with a court order. For example, if a parent fails to pay child support, the court may order remedial contempt to force payment.
Punitive Contempt: Punitive contempt is intended to punish a person for failing to comply with a court order. The goal is to uphold the authority of the court. Punitive contempt may involve fines, sanctions, or even jail time.
When Can Contempt of Court Be Filed?
Contempt of court can be filed in any situation where a party violates a valid court order. Common scenarios in Colorado family law cases include:
Failure to Pay Child Support: If a parent does not pay child support as ordered, the other parent can file a motion for contempt.
Failure to Follow Parenting Time Orders: When a parent does not follow a parenting time schedule or interferes with the other parent's visitation rights, contempt may be pursued.
Non-Compliance with Property Division Orders: If one party does not comply with a court-ordered property division, the other party may seek contempt.
Failure to Pay Spousal Maintenance (Alimony): Non-payment or partial payment of spousal maintenance can also lead to a contempt hearing.
What to Expect During a Contempt Hearing in Colorado
If a motion for contempt is filed against you or you have filed one against another party, here is what you can expect during the hearing:
Notice of the Contempt Hearing:
The person filing for contempt (the "moving party") must provide notice to the other party (the "respondent") of the contempt motion and hearing date. This notice is typically served with a summons, explaining the allegations and setting a court date.
Contempt Advisement:
The court will schedule the initial contempt advisement hearing where the court will read the charges to the non-compliant party, explain the contempt process, ask the non-compliant party whether he or she pleads guilty or non-guilty to the allegations, and schedule a future date for the contempt hearing.
Pre-Hearing Preparation:
Gather Evidence: Both parties should gather evidence that supports their position. This could include financial records, emails, text messages, payment records, or any other documentation that proves compliance or non-compliance with the court order.
Consult an Attorney: It is highly recommended to seek legal counsel. An attorney can help prepare a defense or prosecution strategy, ensure compliance with court procedures, and represent your interests at the hearing.
During the Contempt Hearing:
Opening Statements: The judge will start the hearing by allowing each party to make an opening statement. This is a brief explanation of each party's position regarding the contempt allegations.
Presentation of Evidence: The moving party will present their evidence first. They may call witnesses, provide documents, or offer other proof that the respondent failed to comply with the court order.
Cross-Examination: The respondent has the opportunity to cross-examine the moving party's witnesses and challenge the evidence presented.
Defense Presentation: The respondent will then present their defense, offering evidence and witnesses to show compliance with the court order or a valid reason for non-compliance.
Judge’s Questions: The judge may ask questions to both parties to clarify the facts or seek additional information.
Closing Arguments: Each party will have the chance to make a closing argument, summarizing their case and highlighting key evidence.
The Judge’s Ruling:
After hearing all the evidence and arguments, the judge will decide whether the respondent is in contempt of court. The judge may rule immediately or take some time to review the evidence and issue a written decision later.
Findings of Contempt: If the judge finds the respondent in contempt, the ruling will specify the type of contempt (remedial or punitive) and outline the consequences.
Possible Outcomes of a Colorado Contempt Hearing
If a person is found in contempt of court, the judge can impose several different types of consequences, depending on whether the contempt is remedial or punitive:
Remedial Contempt Penalties:
Payment of Child Support or Spousal Maintenance: The judge may order the respondent to pay any past-due amounts immediately or according to a specific payment plan.
Make-Up Parenting Time: If parenting time was withheld, the judge might order make-up time to compensate for the missed visits.
Compliance Orders: The judge may issue additional orders to ensure future compliance with the original court order.
Attorney Fees: The judge may order the non-compliant party to pay the other party's attorney fees and costs for seeking compliance with the original court order.
Punitive Contempt Penalties:
Fines: The respondent may be ordered to pay fines as punishment for non-compliance. In this situation, the fines are paid to the court.
Jail Time: In severe cases, the judge may order a short jail sentence to emphasize the importance of complying with court orders.
Attorney’s Fees and Court Costs: The respondent may be required to pay the moving party’s attorney’s fees and court costs.
Defending Against a Contempt Motion
If you are facing a contempt hearing, there are several defenses you can raise:
Inability to Comply: You must prove that you were unable to comply with the court order due to circumstances beyond your control, such as job loss, illness, or other unforeseen financial hardships.
Lack of Willful Disobedience: You can argue that any non-compliance was not intentional or willful. For example, if there was a misunderstanding about the order or lack of clarity in the terms.
Compliance Before the Hearing: Demonstrating that you have complied with the court order before the hearing can sometimes mitigate the consequences.
Challenging the Validity of the Order: In some cases, you might challenge the legality or fairness of the original court order. However, there are strict time limitations for challenging a final order. Failure to challenge within the allotted time means the order cannot be challenged.
How to Prepare for a Colorado Contempt Hearing
Preparation is key to achieving a favorable outcome in a contempt hearing. Here are some steps to help you get ready:
Review the Court Order: Understand the terms of the original court order that you are accused of violating or that the other party violated.
Collect Evidence: Gather all relevant documents, records, and communications that demonstrate compliance or provide a valid reason for non-compliance.
Consult with an Attorney: An experienced family law attorney can help you build a strong case, represent you in court, and advise you on the best strategies.
Practice Your Testimony: Be prepared to clearly and concisely explain your position. Practice answering questions with your attorney.
Why You Shouldn’t Face a Contempt Hearing Alone
Contempt hearings in Colorado can have serious consequences, including financial penalties, loss of custody, or even jail time. If you are involved in a contempt hearing, whether as the moving party or the respondent, it's essential to have skilled legal representation to protect your rights and interests.
Need Help with a Contempt Hearing in Colorado? Contact Us Today!
At Creager Legal, our experienced Colorado family law attorney is here to help you navigate the complexities of contempt hearings. Whether you are filing for contempt or defending against it, we provide comprehensive legal guidance to achieve the best possible outcome. Contact us today for a consultation or text at 303-928-0660 and learn how we can help you protect your rights and interests during a contempt hearing.
By understanding what to expect and knowing your options, you can approach your Colorado contempt hearing with confidence and clarity.