All court orders, including those from the Colorado family court, are binding and enforceable. Ignoring a family court order is contempt of court—a serious criminal offense. Colorado’s criminal code, 18-3-304, dealing with child custody order violations as parental kidnapping, is just one of many laws that address breaching the terms of family court orders.
Knowing the legal repercussions of violating a court order and how to address them is vital for all families with court orders for child custody, protective orders, spousal support, asset division, and other family law matters. Reach out to our family lawyers in Denver to discuss your case today at (303) 451-0300.
A motion to enforce is the first step in the process of handling the violation of a family court order, such as child support delinquency, breaching child custody terms, or a violation of protective orders. The motion to enforce ensures that the subject of the violation carries out the court’s orders without criminal contempt of court charges. Typically, a motion to enforce comes before a motion for contempt, which can result in fines and imprisonment.
Violating a court order is a serious offense. When your child’s other parent violates a court order and does not respond to the initial motion to enforce, you may file a motion for contempt. This initiates the process of involving a judge, who may then order a hearing or attempt mediation to resolve the issue.
When mediation doesn’t resolve the problem, the judge proceeds to a hearing to evaluate the situation and determine whether one parent has violated the court order. If they find this to be the case, the judge may do any of the following:
When a judge finds a parent in violation of their order, they typically require them to pay the other parent’s legal fees. Likewise, if a person falsely accuses the other parent of violating a family court order, they will have to pay that parent’s legal costs.
Violations of child custody orders are among the most heated and emotionally fraught contempt of court cases, but there are many Colorado family court orders that the involved parties sometimes violate, including child support payments, spousal support payments, orders to move out of a family home, and protective orders.
Less commonly, one party fails to comply with asset and debt division orders. Violating a judge’s determination for asset division is a serious matter and may result in the forced sale of property, financial penalties, forced title or deed transfers, wage garnishment, and criminal contempt of court charges.
A great deal of effort goes into obtaining court orders for crucial family law matters such as child custody, spousal support, and other family law matters. Family court orders have a significant impact on the entire family. When the subject of an order violates it, it’s more than frustrating; it can significantly disrupt your family’s life.
Contact the family attorneys at Ciancio Ciancio Brown, P.C. for experienced representation and prompt action to address the violation of your court order.
