Understanding Contempt of Court in Colorado Family Law Cases

Legal directives and court orders in Colorado family law cases create a framework establishing an individual’s responsibilities to a child, spouse, or former marital partner. Failing to follow a family court order or intentionally interfering with a court directive can lead to contempt of court charges in Colorado.

What is Contempt of Court in Colorado?

Someone may willfully commit actions against or disregard a court’s authority. For example, an ex-spouse may not follow court orders. Committing the action is done to purposely display disrespect to a court and its power to issue legal directives. A court may hold a person in civil or indirect contempt in Colorado family law cases when a willful disobedience of a court order occurs.

Finding an individual in contempt of court may occur when another party to a family court order files a Motion and Affidavit for Citation for Contempt of Court. The person filing the petition must state the allegation against a party and offer proof of their violating a family court order.

A judge may order someone in criminal or direct contempt of court when they witness an individual behaving to purposefully disrupt, disregard, or disrespect a Colorado family court’s judicial proceedings.

What Are Examples of Contempt of Court in Colorado Family Law Cases?

Filing a Motion and Affidavit for Citation for Contempt of Court may be necessary when someone willfully withholds financial support, abuses marital finances, or commits threatening acts. Examples include:

• Failure to pay spousal support: A Colorado family law court may create temporary or permanent spousal maintenance orders to provide financial support to a former spouse.
• Failure to pay child support: In Colorado, the courts use a formula to calculate child support based on what a parent would likely contribute to supporting a child if the parents remained together.
• Violations of protection orders: An individual in a domestic or parental partnership may apply for an order of protection in Colorado when experiencing threatening behavior by the other partner.
• Disruptions to court proceedings: Emotional outbursts, confrontations with other parties to the proceedings, or argumentative behavior with a judge may result in criminal contempt.
• Financial misconduct: During a divorce, spouses must disclose their assets and act in a manner that does not financially harm their partner and supports an equitable division of assets.

Any court order or directive violation in Colorado may result in a citation for contempt of court. Documenting the actions thoroughly is crucial to supporting the motion in a Colorado family court.

What Are the Potential Outcomes in a Contempt of Court Hearing?

When someone is found in contempt of court, the court may impose remedial or punitive sanctions. The evidence necessary to prove contempt of court varies depending on the type of sanction a court orders.

Remedial sanctions strive to enforce an original directive or court order, such as paying child support. Punitive sanctions serve to punish someone for willfully violating a court order. For example, the court may order jail sentencing when someone willfully stops paying child support.

Penalties for contempt of court in Colorado may include fines, paying attorney’s costs, jail time, and other penalties depending on mitigating factors and the violation. Other avenues of addressing violations, such as mediation, may be more beneficial. Understanding contempt of court in Colorado family law cases can help you make an informed decision when pursuing your legal options.

For assistance with your contempt of court case, contact the Broomfield family law attorneys at Danielsen Westhoff, PC, for a free 15-minute consultation. Call (720) 575-8092 today.