Colorado judges place you in contempt of court if you violate a court order or willfully disrupt the court’s ability to carry out its functions. Judges have broad discretion to impose penalties, including fines and up to six months of jail time.
Colorado Rule of Civil Procedure 107(a) defines contempt as:
“Disorderly or disruptive behavior, a breach of the peace, boisterous conduct or violent disturbance toward the court, or conduct that unreasonably interrupts the due course of judicial proceedings; behavior that obstructs the administration of justice; disobedience or resistance by any person to or interference with any lawful writ, process, or order of the court; or any other act or omission designated as contempt by the statutes or these rules.”
In this article, our Denver Colorado criminal defense attorneys will explain:
- 1. Civil vs Criminal Contempt
- 2. Contempt in Family Law
- 3. Penalties
- 4. How Contempt Proceedings Work
- 5. Defenses
- Additional Reading
People who disrespect the court or defy its authority face fines or jail.
1. Civil vs Criminal Contempt
All contempt cases in Colorado are classified as either civil or criminal.
Civil contempt is deliberately defying a court order, such as:
- Contacting the protected party in a restraining order (CRS 13-14-102)
- Failing to testify or produce documents in accordance with a subpoena
- Ignoring any other civil- or criminal court ruling1
Meanwhile, “criminal contempt” is willfully disrespecting the judicial process (“the dignity of the court”) or obstructing the court’s ability to carry out its duties.2 Examples of criminal contempt we have seen include:
- An attorney speaking out of turn during a court hearing
- A spectator to a trial loudly mocking a witness
- A witness refusing to answer grand jury questions3
- A defendant insinuating that the judge has been bribed4
When a judge issues a criminal contempt order against you, it has to spell out the facts of what you did wrong.5′
Contempt Can Be Direct or Indirect
Direct contempt happens in the judge’s presence, such as screaming at the clerk in open court.6
Whenever we see this happen, courts typically resolve the matter quickly and impose punishment without a hearing.7 The record just needs to show the person found in contempt (the “contemnor“) was being disruptive.8
Meanwhile, indirect contempt is conduct that happens outside the presence of the judge.9 (Conduct that happens inside the courtroom can still be out of the judge’s presence if the judge does not see or hear it.10)
Since the judge did not witness it, indirect contempt cases require a court hearing before the judge can issue penalties.
Contempt Can Be Technical or Viable
Technical contempt comprises minor court order violations, such as being a few cents short on a spousal support payment or being a few minutes late in dropping off your child with your ex. These “technical” violations are usually not worth going to court for.
In contrast, viable contempt comprises major court order violations, such as being hundreds of dollars short on a spousal support payment (or not paying at all) or being hours late to drop off your child (or not bringing them over at all). People are encouraged not to go to court unless they are the victim of viable contempt.
2. Contempt in Family Law
Contempt proceedings are very common in family court when exes and co-parents allegedly fail to follow temporary injunctions, separation agreements, or parenting plans. The following are typical grounds for contempt cases in Colorado:
- failing to pay bills, or paying them well after they are due
- failing to pay, or under-paying, spousal support and/or child support
- withholding or taking property (such as vehicles)
- not ceding or sharing control over certain assets
- refusing visitation
- failing to involve the other parent when making major decisions re. the child’s education or health
Families are encouraged to try to resolve these issues without going to court, which just takes up time and money. If someone is violating a court order, consider going through these steps before getting the courts involved:
- Send a written request to the other person asking that they comply with the order. It should be brief, professional, and specific.
- Send a formal demand letter by certified mail (and keep a copy) explaining the violation and that you are ready to go to court if they do not comply.
- Go to mediation (a common condition in parenting plans if disputes arise).
- If you are owed child support, go through the Family Support Registry.
Contempt penalties can be either remedial or punitive.
3. Penalties
Colorado judges have broad discretion to decide penalties for contempt of court.11
Note that courts cannot impose contempt penalties until after the “contemptible” behavior occurred. Even if someone claims they plan to violate a court order in the future, the court has no grounds to find them in contempt before the fact.
When a judge does impose contempt penalties, they have to state clearly whether the punishment is remedial or punitive.12
Remedial Penalties
If you are found in civil contempt for violating a court order, the judge will impose “remedial” penalties meant to motivate you to finally comply with the court order.13 Remedial penalties typically include:
- Fines or jail time until you perform the original judicial demand,
- Court costs, and
- Attorney’s fees14
Before the judge can impose remedial penalties, they have to find “by a preponderance of the evidence” that you deliberately did not comply with the court order. This means that it was “more likely than not” that your actions were intentional.
As soon as you comply with the original court order, the court should lift the remedial penalties.
Punitive Penalties
If you are found in criminal contempt for defying the court’s authority, the judge can impose punitive penalties to punish you.15 Unlike with remedial penalties, you cannot get out of punitive penalties by finally complying with the original court order. Once punitive penalties are imposed, you have to serve them.16
In general, punitive penalties are:
- Fines,
- Up to 6 months in jail, and
- Possibly other sanctions 18
Before the judge can impose punitive penalties, they have to find “beyond a reasonable doubt” that you intentionally defied the court. This is the same high standard prosecutors have to meet in criminal trials for you to be convicted.
If you are facing punitive penalties, you have a right to a lawyer as well as the right to have your case heard by another judge.17
Can judges impose both remedial and punitive penalties?
No. Judges cannot hand down both remedial and punitive penalties for the same offense. If you defy the court, the judge can either:
- order remedial sanctions if you do not comply with the court’s orders, or
- order punitive damages for belittling the dignity of the court.
Courts may not order both types of penalties for same transgression.19
4. How Contempt Proceedings Work
When we see people disrupting judicial proceedings in Colorado (“criminal contempt”), the judge usually issues a contempt order on the spot. There does not need to be another hearing as long as the judge witnesses the disruption.
If you are allegedly violating a court order such as failing to pay child support (“civil contempt”), the injured party would file a “contempt of court” citation against you. They do this by bringing the following two completed documents to the court:
- Motion & Affidavit for Citation for Contempt of Court (Form JDF 1816); and
- Order to Issue Citation and Citation to Show Cause (JDF 1817)
After reviewing the forms, the court clerk will schedule a contempt hearing to determine whether you are being non-compliant. The injured party (“complainant”) would need to inform you about the date and time.
You (and your attorney) are legally obligated to appear for the hearing to explain why the court should not hold you in contempt. The injured party and their attorney can argue their side as well.
If you fail to appear at your contempt hearing, the judge will probably issue a bench warrant for your arrest.
Common evidence in contempt hearings re. child support includes affidavits and records of nonpayment.
5. Defenses
Here at Colorado Legal Defense Group, we have represented thousands of people facing criminal charges or being held in contempt. In our experience, the following five defenses have proven very successful at getting judges to drop contempt orders.
The Court Order Was Invalid
An order can be invalid if:
- The issuing court does not have jurisdiction to hear the case,
- The order was not served properly,
- The judge did not have the power to issue the order,
- The order has expired, or
- The terms in the order are unlawful or unclear and vague.
Violating an invalid order is not illegal. If we can show the order is void, then charges cannot apply.
You Did Not Know About the Court Order
Nothing unlawful occurs when you unknowingly violate an order. If we can show that you were not served an order correctly, then you did not receive it and were under no obligation to follow it.
Your Actions Were Not Willful
Perhaps you violated a court order out of an innocent misunderstanding or mistake. That is not “contemptible” as long as you lacked intent to defy the court.
Or perhaps you suffer from a medical condition such as Tourette syndrome or bipolar disorder that makes it difficult for you to reign in your speech. If conditions outside of your control cause you to disrupt court proceedings, that also is not “contemptible.”
We have also seen situations where an ex-wife told her ex-husband that he can take extra time to pay her spousal support only to then cry to the court that he was in arrears. Since the ex-husband was just following the ex-wife’s assurances, he should not be held in contempt.
Depending on your case, evidence we rely on to show your “lack of intent” includes medical records, eyewitnesses, video surveillance, and recorded communications (such as texts and voicemails).
Your Actions Were Justified
If any reasonable person in your position would have defied the court order, then you should not be held in contempt.
Example: Steve’s daughter calls him to say her mom (Steve’s ex) is being violent towards her. Even though Steve does not have custody that weekend, Steve takes his daughter out of his ex’s house and calls the police. Although he is technically violating the custody agreement, he should not be found in contempt because there was an emergency.
In these cases, the truth is your best defense. Once we explain to the judge how your actions were justified, any contempt proceedings should be dropped.
You Were Unable to Comply with the Judge’s Demands
Punishment is not appropriate in situations where you are literally unable to comply with an order. We see this defense often in spousal or child support cases following a divorce: If the non-custodial parent provides evidence they do not have the means to pay, no violation occurred.
In these types of cases, we present “mitigating evidence” that shows you in a less blameworthy light. Examples include:
- You have no other history of being non-compliant with court orders,
- You made a good faith attempt to comply,
- You are eager to remedy the situation as soon as you are able, and/or
- There are extenuating circumstances that would have made anyone in your position unable to comply with the court order.
In short, if you have a reasonable explanation for noncompliance and demonstrate a commitment to abide by the court order in the future, judges may suspend any contempt punishments on the condition you comply as soon as you can.
Additional Reading
For more in-depth information, refer to these scholarly articles:
- The Constitution and Contempt of Court – Michigan Law Review.
- Criminal Contempt of Court – Due Process of Law and Freedom of Speech – UCLA Law Review.
- Contempt: Scope of Review of Contempt Orders in California – California Law Review.
- Freedom of Speech and Contempt of Court – Illinois Law Review.
- Contempt of Court: The Most Important Contemporary Challenge to Judging – Washington and Lee Law Review.
Legal References
- Colorado Rules of Civil Procedure Rule 107.
- See Hughes v. People, 5 Colo. 436 (Colo. 1880)
- People v. Lucero, 584 P.2d 1208 (Colo. 1978).
- Losavio v. District Court, 512 P.2d 266 (Colo. 1973).
- Handler v. Gordon, 120 P.2d 205 (Colo. 1941).
- Colorado Rule of Civil Procedure 107(a)(2).
- People v. Lucero, supra.
- Same.
- Colorado Rule of Civil Procedure 107(a)(3).
- Losavio v. District Court, supra.
- Colorado Rule of Civil Procedure 107(d), Blank v. District Court, 543 P.2d 1255 (Colo. 1975); Renner v. Williams, 344 P.2d 966 (1959).
- People ex rel. Public Utilities Commission v. Entrup, 143 P.3d 1120 (Colo. App. 2006).
- Shapiro v. Shapiro, 175 P.2d 387 (Colo. 1946).
- Colorado Rule of Civil Procedure 107(d)(2); In re Weisbart, 564 P.2d 961 (1977).
- Shapiro v. Shapiro, 175 P.2d 387 (Colo. 1946).
- Harvey v. Harvey, 384 P.2d 265 (Colo. 1963); In re Marriage of Cyr and Kay, 186 P.3d 88 (Colo. App. 2008). C.R.C.P. 107(d)(2) & (d)(1) & 107(e).
- Colorado Rule of Civil Procedure 107(d)(1).
- People v. Zamora, 665 P.2d 153 (Colo. App. 1983).
- McVay v. Johnson, 727 P.2d 416, 418 (Colo. App. 1986)(“Here, although the trial court purportedly issued a punitive contempt order “to vindicate the dignity of the court,” the punishment was conditioned on the husband’s future performance of a duty. Thus, the order was remedial rather than punitive . . . However, since the trial court already had found that husband did not have the present ability to comply with the support order, it had no authority to issue a remedial contempt order.”).