Contempt | Nexus Family Law

Colorado Contempt Lawyers

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.

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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:

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.
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 Our Clients Say About Us

I was very happy with the amount of work Yasaman and her team did for me, she even had to do the work of my ex’s lawyer (a high profile veteran lawyer with 25 plus years experience). I was very impressed! She did an excellent job and upheld high standards of honesty, integrity and respect within the courtroom and within every aspect of my case. She was ready and fully prepared throughout the 11 month ordeal. I will highly recommend her to anyone in the future who needs help in family law.

Michele

Due to unfortunate events that led me to seek legal help, I have been so grateful to have found Elizabeth. I have been her client for the last 3 years. From the moment we had our first phone call, I knew I was dealing with a professional that could successfully help me navigative a very difficult parenting time situation. That’s exactly what she has done. She is honest, direct, responsive, and effectively communicates every time without fail. She always has my daughters best interest in mind and I wouldn’t trust anyone else with something so sensitive and important. It really does help me feel at ease having her in my corner! If you are looking for someone to help you navigate a co-parenting related issue, I highly recommend using Elizabeth at Nexus Family Law.

Trish

I’ve been working with this firm for almost 2 years. I am engaged in a high conflict custody battle with a ex-partner who has narcissistic personality disorder. My attorney understands what makes my case unique. My ex has no empathy, nor is he capable of compromising, or even reaching an agreement. It has been an endless path of frustration with my daughter as the main victim.

Elizabeth is my attorney. She has a high level of intelligence, empathy and experience dealing with high conflict cases. I almost gave up at one point, but Liz was one of the people who never stopped believing in me. Not only does my attorney have a great heart, she is a shark in the court room, and will take that narcissist down!

Katie

I have had the pleasure of working with Elizabeth and Yasaman for a few years now. Elizabeth guided me through and helped me win a tumultuous custody battle for my son. She was a refreshing and encouraging change in counsel from my previous representation that showed neither lack nor care for my case. She was kind, patient, and worked tirelessly on my case. Yasaman was also a joy to work with and mirrored the same care and diligence when she needed to step in on my case. Last, but certainly not least, Casidy is an amazing paralegal and never skipped a beat. This is a dynamic group of women and I highly recommend their firm!

Jasmyne

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:

Order: The existence of a lawful court order;
Knowledge. That the contemnor had knowledge of the order;
Ability. That the contemptor had the ability to comply with the order; and
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:

Order. The existence of a lawful court order;
Knowledge. That the contemnor had knowledge of the order;
Failure to Comply. The contemptor failed to comply with the order
Ability. The contemptor has the present ability to comply. A past ability to comply would support a punitive contempt, but not remedial.

Our Attorneys

Elizabeth Gregory
Member & Managing Partner
Yasaman Saeedasr
Member & Managing Partner

Frequently Asked Questions

What are the consequences of being found in contempt of Court?

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.

Can I assert the 5th amendment in a contempt proceeding?

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

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.

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We are here to give you the legal representation that you deserve.