Contempt of Court in Colorado

At Jones Law Firm, PC, each attorney has knowledge and experience in contempt of court cases that may arise after a divorce or legal separation. Once alimony and spousal maintenance, child support, child custody and visitation agreements have been made and approved by the court, they are enforceable by law. While it may be no longer possible to live together as a single family unit, these agreements are put in place with the intention of helping all involved live as normally as possible in the existing circumstances.

Especially in the case of child support or any situation involving children, these court-ordered agreements are often essential to the day to day care, health, and education of the children. If a former spouse fails to hold up his or her end of the agreement, that party may be in contempt of court and subject to legal action. By working with a Denver divorce attorney from our firm, clients discover exactly what their rights and obligations are in such a situation no matter what side of the issue they find themselves in.

If you are facing or filing contempt of court charges, then you probably have a lot of unanswered questions about how the process works. Here are a few common questions that we believe will be helpful to you.

For contempt of court cases what is the burden of proof?

In a remedial contempt cases, the person bringing for the charges must prove how the other party violated the court order. This standard is referred to as a “preponderance of the evidence.” It means that the court must be at least 51% persuaded that the claim is true. For punitive contempt cases the burden of proof is to demonstrate that the other party is in violation beyond a reasonable doubt.

In a contempt of court case do I have the right to an attorney?

According to Colorado law you are entitled to legal representation in punitive contempt cases. When someone is labeled as financially indigent and unable to pay for an attorney, then the court will appoint one for them.

Do I have to show up at the contempt of court hearing?

This depends on whether or not you are the party taking action or if you are being accused of violating the court order. If you were the one who filed and you do not show up at the hearing then you risk your case being dismissed. In some cases having an attorney present will suffice. If you are the one being accused and you fail to appear at the hearing, then the other party could persuade the court to issue a warrant for your arrest.

How long do I have to serve the contempt papers to the other party?

If you are the party taking action, then you must make sure that the contempt papers are served to the accused party at least 20 days before the initial hearing. If the accused party is purposefully trying to avoid being served, then the court sometimes makes exceptions.

Ensuring a stable family environment is the number one goal of most family law issues. While we want to help families in any way possible, a family lawyer at Jones Law Firm, PC understands that unforeseen circumstances may place a former spouse or parent on the unfavorable side of the court. We educate each and every one of our clients so they are empowered to regain stability for themselves and their families. Each contempt of court case is unique. We work on a very personal level with each individual client and a Denver contempt of court attorney at our firm strategizes a case plan in the client’s best interests.

Don’t wait another moment if you have a contempt of court issue! Contact Jones Law Firm, PC today to speak with a Denver family attorney for tried & true legal counsel for your family case.