Contempt of Court

An allegation that someone has violated a court order can be considered contempt of court. Examples of contempt of court “allegations” can include:

  • An allegation of nonpayment of child support
  • An allegation of not removing a party’s name from a home or vehicle
  • An allegation of not making payments on debts such as credit cards
  • An allegation of denial of parenting time
  • Any allegation of failing to comply with court orders

There are Two Types of Contempt: Punitive and Remedial

  • Punitive Contempt

    • Burden of Proof – beyond a reasonable doubt (criminal standard)
    • Constitutional Rights
      • Right to counsel if indigent
        • You can hire an attorney privately to either file a contempt motion or in defense of a contempt citation.
      • Right to remain silent
    • Elements of a Punitive Contempt
      • Valid Court Order
      • Knowledge of the Court Order
      • Failure to Comply
      • Ability to Comply
      • Willful Refusal to Comply and that the conduct is offensive to the authority and dignity of the court.
    • Possible Sentencing – if found in punitive contempt
      • Up to six (6) months in jail
      • A fine payable to the Court, or both

  • Remedial Contempt

    • Burden of Proof – by a preponderance of the evidence or more likely than not
    • Issues for consideration:
      • No right to counsel for purely remedial contempt
        • You can hire an attorney privately to either file a contempt motion or in defense of a contempt citation.
      • Right to remain silent – if asserted, the court can make a negative inference
    • Elements of a Remedial Contempt
      • Valid Court Order
      • Knowledge of the Court Order
      • Failure to Comply
      • Present Ability to Comply
    • Possible Sentencing – if found in remedial contempt
      • Right to cure or fix the issue(s) that have brought you before the Court
      • Jail time can still be imposed in a remedial contempt.

Possible Defenses to a Contempt of Court Citation:

  • Did comply with court orders
  • Did not have the ability to comply with the Court Orders
  • Did not have the present ability to comply with the Court Orders
  • Depending upon your circumstances, you may have other defenses available, which you should discuss with your attorney.

If you need a Family Law Attorney in Colorado Springs, please contact me today.