Contempt Attorney

The attorneys at Philip Goldberg PC have extensive experience litigating contempt proceedings. If your ex-spouse or child’s other parent has violated a court order regarding property transfer, maintenance, parenting time, child support, or any other issue, they may be in contempt of court.

We represent both petitioners and respondents in all aspects of contempt proceedings.

Our experienced legal team works to protect your rights and achieve positive outcomes for you and your family.

What Is Contempt of Court in Colorado?

A party may be in contempt of court if they fail to comply with the terms of a court order. The person impacted by the failure to comply may initiate a contempt proceeding against the obligor.

If the court finds that the obligor is in contempt, the court may impose sanctions. Remedial sanctions are designed to compel the obligor to comply with the court’s order. An obligor receiving remedial sanctions may cure the sanctions by complying with the order that was violated.

Punitive sanctions are criminal in nature and designed to punish the obligor for conduct that is offensive to the court. An obligor receiving punitive contempt sanctions may not cure the sanctions and must serve out the punishment ordered by the court.

The Process for Filing for Contempt

A contempt proceeding is initiated by filing a motion supported by an affidavit showing that the obligor has willfully failed to comply with a prior court order. The court may then order a citation to be issued to the obligor instructing him or her to appear in court to show cause why he or she should not be punished. If the obligor fails to appear for the contempt hearing, the court may issue a warrant for his or her arrest. If the obligor has the present ability to comply with the order, they may be fined or imprisoned until they comply. In some circumstances, the court may also order the obligor to pay court costs and reasonable attorney fees in connection with the contempt proceeding.

Contact the law firm of Philip Goldberg PC to discuss your case.

What Are Grounds to Initiate Contempt Proceedings?

There are many reasons why a person might be held in contempt of court. Some examples include:

  • Failure to pay child support as ordered by the court;

  • Failure to provide health insurance coverage for children as ordered by the court (or failure to pay premiums);
  • Refusal to allow visitation with children as ordered by the judge;
  • Failure to return children as ordered by the judge;
  • Failure to obey a restraining order;
  • Failure to maintain a residence as required under a divorce decree;

  • Failure to pay spousal maintenance as ordered by the court;

  • Or any other failure to follow a court order.

We are happy to talk with you regarding your specific issue and the requirements of court orders related to you.

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Potential Consequences for Contempt of Court

If a party is found in contempt of court, there are several possible consequences. The court typically allows the contemnor to “purge” the contempt by complying with the court order.

The court could also impose a fine, incarceration, or both. In some cases, the court may order the contemnor to pay the other party’s attorney fees. In contempt proceedings related to parenting responsibilities, the court may modify parenting time or decision-making.

How A Family Law Attorney Can Help in Contempt Cases

Contempt cases are complex, and requesting or responding to a contempt citation requires a clear understanding of the statutory factors and procedural process governing contempt proceedings. Our attorneys have extensive experience litigating contempt proceedings and can guide you through the process to ensure your rights are protected.

Experienced Family Law Attorney

The attorneys at Philip Goldberg PC are family law attorneys serving clients in the Denver metropolitan area. They understand the complexifies involved in contempt proceedings. You do not have to face these issues alone. Contact our office to schedule a consultation.