Colorado courts can find a person to be in contempt of court for deliberately disobeying or disrespecting the court.
- Civil contempt is imposed when a person intentionally defies a court order.
- Criminal contempt is typically imposed when a person disrupts judicial proceedings.
Depending on the facts and types of contempt, penalties may include fines and even jail time.
What is civil contempt?
Civil contempt typically refers to when a party in a case deliberately defies a court’s order, and this defiance harms the other party in the case. Colorado family law attorneys see this when
- there is non-compliance with a court-ordered parenting plan, or
- there is nonpayment of child support orders or alimony.
When a party files a “contempt of court” citation against the offending party, the court will usually schedule a “show cause” court hearing so the offending party can be heard. If the offender fails to show up, the court will then issue a bench warrant for his/her arrest.
In many cases, the two parties involved can resolve a “contempt of court” case through negotiation and without any actions from the court.1
Parties who file a “contempt of court” citation can request either remedial contempt and/or punitive contempt:
What is remedial contempt?
Remedial contempt is when the judge imposes a punishment that hopefully encourages the offending party to abide by the court’s demands. This sentence ceases as soon as the offender proves he/she is in compliance with the court.
Remedial contempt penalties can include jail as well as attorney’s fees and costs. But the judge may “suspend” these punishments to give the offending party a chance to finally abide by the court order.
Remedial contempt has four elements that must be proven “by a preponderance of the evidence” in order for the offender to be sentenced:
- there was a legal court order,
- the offender knew about the court order,
- the offender defied the court order, and
- the offender has the present ability to follow the court order
“By a preponderance of the evidence” is legalese for “more likely than not.”
The ultimate goal of asking for remedial contempt is to prod the offender to comply with the original court order and move the original case along.2
Contempt citations are frequently issued in family law cases.
What is punitive contempt?
Punitive contempt is when a judge imposes a penalty for the purpose of punishing the offending party. Punitive attempt penalties typically require that the person pay fines (but not attorney fees) and/or go to jail.
Punitive contempt has four elements that must be proven “beyond a reasonable doubt” in order for the offender to be sentenced:
- there was a legal court order,
- the offender knew about the order,
- the offender had the ability to follow the court order, and
- the offender willfully defied the order
Punitive contempt is considered “quasi-criminal,” which is why the burden of proof the injured party has to prove is “beyond a reasonable doubt.”
Beyond a reasonable doubt is much higher than the “by a preponderance of the evidence” standard in remedial contempt cases.
The ultimate goal of asking for punitive contempt is to make the offender suffer for defying the court and harming the other party.3
What is criminal contempt?
Criminal contempt occurs when someone disrespects the court’s authority, such as speaking out of order during court proceedings or talking back to a judge. Anyone can be held in criminal contempt for disrespecting the dignity of the court, including;
- lawyers
- parties
- witnesses
- jurors
- clerks
- officers
- courtroom audience members
Direct contempt is conduct that occurs in the presence of a judge, such as speaking out of turn during a trial. In direct contempt situations, the judge can impose punishments without a hearing as long as the record shows the person was being disruptive.
In contrast, indirect contempt occurs when the judge is not present, usually during a judicial recess. An example is a defendant yelling at a court clerk. Since the judge is not present, there needs to be a contempt hearing before the judge may hand down penalties.
The penalties for being held in criminal contempt typically include jail and/or fines.4
Call our law firm for legal advice. We offer free consultations and create attorney-client relationships in Denver, Colorado Springs, Greeley, and throughout the state.
Legal References:
- Colorado Rules of Civil Procedure Rule 107. Remedial and Punitive Sanctions for Contempt; Marshall v. Marshall, (Colo. 1976) 191 Colo. 165, 551 P.2d 709; In re People in Interest of Murley, (Colo. 1951) 124 Colo. 581, 239 P.2d 706; In re Hartt, (1979) 43 Colo.App. 335, 603 P.2d 970; CRS 14-14-110.
- CRCP 107; People v. Razatos, (Colo. 1985) 699 P.2d 970; In re Estate of Elliott,(Colo. 2000) 993 P.2d 474.
- CRCP 107; In re Nussbeck, (Colo. 1999) 974 P.2d 493.
- CRCP 107; CRS 18-1-1002; Mainland v. People, (1943) 111Colo. 198, 139 P.2d 366; Shotkin v. Atchison, T. & S. F. R. R., (Colo. 1951) 124 Colo. 141, 235 P.2d 990; In re Bauer, (Colo. 2001) 30 P.3d 185; Robran v. People ex rel. Smith, (Colo. 1971) 173 Colo. 378, 479 P.2d 976.
