Contempt

How does the contempt process work in Colorado?

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so in Colorado you have a few options

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when a party is refusing to follow a

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court order or violating a court order

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the contempt process is basically the

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Court’s ability to enforce and or

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potentially punish a party for their

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failure to abide by the Court’s orders

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often that means that you will have to

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file a motion for contempt with the

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court demonstrating that number one the

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party

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um you know there is an order in place

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that says that they’re supposed to

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comply that they fail to comply with

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that order and that they have the you

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know ability to comply and the court in

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Colorado has their two different types

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of contempt sanctions available one is

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remedial sanctions

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um and the other are punitive sanctions

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punitive sanctions are potential jail

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time remedial can be anything from fines

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to making sure that the party complies

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with the orders entering new orders but

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the contempt process is really the

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Court’s ability to enforce its orders

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not always is it the best Avenue for

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clients but sometimes that is the best

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option to make sure that somebody is

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doing what they’re supposed to do

From Chelsea’s interview for the Masters of Family Law series on ReelLawyers.com.

When someone files a Motion for Contempt Citation with the court, that party believes there has been a violation of the court’s order and is asking the judge to punish or penalize the other party. When the Motion for Contempt Citation is filed, the court issues the citation and orders the individual to appear in court on a specific date to explain why he or she should not be held in contempt. An arrest warrant may be issued if the individual does not appear in court in response to the contempt citation. This hearing is often called the advisement hearing.

There will also be a hearing at which the party seeking contempt has the burden of proving that other party has violated the court’s order. If the court finds there has been a willful violation of its order, the penalty may include fines, jail time or both. If conditions are imposed such as complying with the court order, then the punishment may be suspended for a period of time to allow for compliance with the court’s order. The court will also take into consideration the circumstances and facts underlying the failure to follow the court’s order. A violation of court orders does not automatically lead the court to a finding of contempt. One example of this would be where a party was ordered to pay money but did not have a present ability to make the payments.

In many cases, contempt citations can be resolved through negotiations between the parties’ attorneys subject to approval by the court. In order to resolve a contempt issue, there should be a written agreement in writing and signed by all parties involved that is then either filed with the court or read before the court so that it will exist in the court’s record.