Attorney Samera Habib provides contempt of court representation in Denver, CO, for parents or spouses who are seeking reparations from the other parent or former spouse. Contempt of court can be shown if a judge has issued an order for child support or other family law agreements, but the responsible party deliberately disobeys the order. Filing a request for a contempt of court hearing is a very serious step. Along with associate attorney Allison Boschert, our team can help you decide whether contempt is the appropriate motion, and we urge you to call us at (720) 749-2876 or submit an online request to review your case.
What is Contempt of Court?
There are two types of contempt of court. Direct contempt occurs when a person exhibits behaviors or actions that are immediately punishable, such as disrespecting or interrupting a judge. In contrast, indirect contempt occurs outside of the judge's presence. Contempt can also be remedial, in which general disobedience occurs, or punitive. In this case, the other party was able to comply but simply chose not to. They have the right to a public defender and may be punished with up to six months of jail time.
Reasons to File Motion for Contempt of Court
If you know the other party has ignored a court order even though they have the ability to obey it, you can file a motion for a contempt of court hearing. Court orders that are commonly violated and could warrant a contempt of court motion include failure to:
- Pay spousal or child support
- Refinance a home
- Drop off children for visitation in a timely manner
- Visit children during visitation windows
- Reimburse a parent for travel, activity, or medical costs
- Return a child after visitation
- Allow visitation
- Deliver property to a former spouse
Before pursuing contempt of court motions, our team takes several sensitive factors into account. We will only pursue contempt of court hearings if we think it is in the best interests of the parent and child dynamic. We will also determine the urgency of the case to decide whether contempt of court is the best option.
Our team can help you hold the other party accountable for violation of court orders by filing a motion for contempt of court.
How to File a Contempt of Court Motion
In order to file a contempt of court motion, you must be able to prove that you have pursued all other options in convincing the other party to obey the court order being violated. You must also have a clean history of following court orders yourself. Other requirements for filing a contempt of court motion can be found in Colorado statute 14-14-110 and include:
- Primary evidence of noncompliance with the court order including record of payments and an affidavit from the clerk
- Evidence that the other party was fully able to comply with the order and was not incapacitated by illness, physical incapacity to work, or other legitimate obstacles that might impact their ability to pay
Why Hire an Attorney for Contempt of Court?
If you decide to proceed with a contempt of court motion, you will force the other party to go to court and explain why they have not obeyed court orders. If the other party is determined to be in contempt of court, the judge may create a payment plan or withhold income until the party begins obeying court orders. Other possible outcomes of a successful motion for contempt include mandatory counseling for the other parent or spouse, mandatory parenting classes, and scheduled future hearings to make sure that the parent or spouse is complying with their orders. If the other party does not show up to court after full knowledge of the proceedings, the court may issue a warrant for their arrest and require payment for their release.
Call Us to Review Your Case
Samera Habib and Allison Boschert can help you hold the other party accountable for violation of court orders by filing a motion for contempt of court. If all options for obtaining court-ordered child or spousal support have failed, one of our legal representatives can help you decide if this is the appropriate course of action. Call our office at (720) 749-2876 or contact us online to review your case.