Understanding Contempt of Court In Colorado

Court orders are legally enforceable, including family court orders in Colorado for the terms of divorce, child custody, the distribution of marital assets, and other family law court decisions. One of the enforcement measures courts use to compel compliance with a court order is contempt of court. Contempt of court charges are serious and can generate significant penalties. Reach out to our family law attorneys in Denver to discuss your case with a legal professional at (303) 451-0300.

What Is Contempt of Court?

Contempt of court charges occur in criminal, civil, and family courts. While criminal contempt of court charges focus on punishing a wrongdoer, such as for disrupting court proceedings, civil contempt of court charges center on enforcing compliance.

Contempt of court in Colorado falls under two categories:

• Direct contempt of court occurs when a judge witnesses disrespectful, disruptive, or violent behavior in the courtroom
• Indirect contempt occurs outside of the courtroom, primarily when the subject of a court order violates the order, such as a parent who fails to pay their court-ordered child support, or when an individual violates a protective order

Both types of contempt of court charges can arise in Colorado family court matters, and both carry significant penalties. A judge does not require proof of direct contempt of court because they can issue charges after witnessing unruly courtroom behavior. Indirect contempt of court requires proof that meets the burden of evidence.

According to the Colorado Rules of Civil Procedure (CRCP), contempt is:

“Disorderly or disruptive behavior, a breach of the peace, boisterous conduct or violent disturbance toward the court, or … resistance by any person to or interference with any lawful writ, process, or order of the court…”

Technical or Viable Contempt of Court Charges

Courts sometimes also categorize contempt of court charges as technical or viable. Technical contempt of court involves a minor infraction, such as being a few dollars short on a child support payment, for which a judge may not pursue charges, while viable contempt of court occurs when the violation is substantial, such as a parent who is hundreds of dollars short on a child support payment.

Proving Indirect Contempt of Court

To establish that indirect contempt of court has occurred in a Colorado case requires evidence demonstrating the following:

• That clear court order exists without any ambiguity or room for misunderstanding
• The contempt of court suspect knew about the court order or was given written notice of the order
• That the accused willfully and intentionally violated the court order, and
• The accused intentionally violated the order while they were capable of complying

For example, if a parent has a job and can pay child support in Denver, knows of the court order, and still fails to pay, the court is likely to find them in contempt.

Contempt of court charges require a hearing, during which both sides present their evidence and arguments. As a civil proceeding in family court, the burden of proof that must be met is a preponderance of the evidence, or showing that it’s more likely than not that the subject of the order is willfully in contempt. If contempt of court charges result in a conviction, the court imposes a penalty.

Remedial or Punitive Penalties In Colorado Contempt of Court

Most penalties imposed for civil contempt of court orders are “remedial,” meaning the court intends for the penalty to remedy the violation, such as accumulative fines or jail time, until a parent who is in arrears on child support pays the amount owed, as well as paying the other parent’s attorney’s fees.

On the other hand, punitive penalties are imposed as a punishment; for instance, a judge might impose fines and up to 6 months in jail for violating a protective order. Call Ciancio Ciancio Brown for a free consultation and discuss your legal options today.