Contempt

Contempt

What is contempt?

Contempt happens when a party fails to comply with a Court Order.

Direct Contempt: Contempt that the court has seen or heard and is so extreme that no warning is necessary, or that has been repeated despite the court’s warning to desist. Direct contempt occurs when a party engages in disrespectful or disruptive behavior in the presence of the court. This can include things like shouting, interrupting, or refusing to follow court rules.

Indirect Contempt: Indirect contempt occurs when a party violates a court order outside of the court's presence. This can include things like failing to pay child support or spousal support, or failing to comply with a visitation order. In indirect contempt cases, the court will typically hold a hearing to determine whether the party violated the court's order, and if so, what penalties should be imposed.

There are two types of indirect contempt:

  1. Punitive Contempt: Punishment by unconditional fine, fixed sentence of imprisonment, or both, for conduct that is found to be offensive to the authority and dignity of the court.

  2. Remedial Contempt: Sanctions imposed to force compliance with a lawful order or to compel performance of an act within the person’s power or present ability to perform.

What are the elements of contempt?

Punitive Contempt: For the purpose of a punitive contempt proceeding, a movant must allege and the court must find:

  1. Order: The existence of a lawful court order;

  2. Knowledge. That the contemnor had knowledge of the order;

  3. Ability. That the contemptor had the ability to comply with the order; and

  4. Refused. That the contemptor had willfully refused to comply with the order.  

Remedial Contempt: For the purpose of civil contempt proceeding, a movant must allege and the court must find:

  1. Order. The existence of a lawful court order;

  2. Knowledge. That the contemnor had knowledge of the order;

  3. Failure to Comply. The contemptor  failed to comply with the order

  4. Ability. The contemptor has the present ability to comply. A past ability to comply would support a punitive contempt, but not remedial.

Frequently Asked Questions

  • The consequences of being found in contempt of court can vary depending on the circumstances of the case and the type of the contempt. For remedial contempt an order shall be issued describing the means by which the person may purge the contempt and the sanctions that will be in effect until contempt is purged. The court can fine or imprison the person until performance of an act, so long as person has present ability to perform the act. When remedial sanctions are requested, award of costs and reasonable attorney fees in connection with the contempt may be ordered. For punitive contempt the Court may impose a fine, imprisonment or both if the court expressly finds that the person’s conduct was offensive to the authority and dignity of the court.

  • In a punitive contempt proceeding the contemnor can assert the 5th amendment and refuse to testify. Possibility of imprisonment for contempt triggers privilege against self-incrimination where potential exists for incarceration imposed as punishment in this quasi-criminal proceeding.

How Nexus can help

At Nexus Family Law Group, we understand that facing a contempt hearing can be a daunting experience. Our team of experienced attorneys is here to provide you with the guidance and representation you need to navigate this complex legal process.

Here are a few ways that we can help with your contempt case:

Providing Expert Legal Advice

Our attorneys have years of experience handling contempt cases, and we are equipped to provide you with expert legal advice. We can help you understand the charges against you, your legal rights and obligations, and the potential consequences of your case.

Preparing a Strong Defense

Our attorneys will work tirelessly to prepare a strong defense on your behalf. We will gather evidence, interview witnesses, and prepare a comprehensive legal strategy designed to protect your interests and achieve the best possible outcome.

Advocating for you in Court

We understand that the courtroom can be an intimidating place, especially if you are facing a contempt hearing. Our attorneys will represent you in court and vigorously advocate for your interests. We will work to ensure that your voice is heard, your rights are protected, and that you receive a fair hearing.

Contact us.

(720) 340-7895

730 17th St Ste 400
Denver, CO 80202