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What is the Process for Contempt of Court?

If you have decided to go ahead and file a contempt of court motion in Colorado, get in touch with an attorney to start the process.

The entire process of contempt of court can take between 2 to 4 months or more. First, you must file a motion detailing the type and circumstances of the contempt in the same court and county where the original case was filed.

The contempt of court motion must be signed and notarized, and filed with the court. The court will then sign a citation, and return the citation and the order to you.

A hearing date will be set by the court. Now, the contempt of court papers must be delivered to the opposing party. The papers must be served at least 20 days before the date of the first hearing.

The opposing party must make an appearance at the hearing, and must plead guilty or not guilty to the charges of contempt. You will be required to participate in the contempt hearing too.

At the court hearing, you will be required to show that you have a court order in place that the other person is aware of, the other person has violated the court order intentionally, and has been given notice about the violations that have occurred, as well as the contempt hearing. If you have sought jail time as a remedy for the contempt, then the court will appoint a lawyer for the opposing party if he/she cannot afford to hire one.

The opposing party must be given the chance to present a defense. However, if the opposing party fails to arrive at the hearing at all, then the court may actually issue a warrant for his/ her arrest.

If the opposing party claims inability to obey the court order, then he/she must bring evidence to prove the inability.

Upon completion of the hearings, the court will issue an order. The judge will draft an order that is targeted at making the person comply with the court order. He/she may also be ordered to pay forfeiture of a maximum of $2,000 for every day that the contempt continues, and may be ordered to pay you your losses, as well as the cost that you incurred in bringing the contempt motion.

If the contempt of court is related to the violation of a parenting plan, and if these violations have occurred at least twice over the last three years, then the court may actually decide to modify the provisions of the parenting plan in its order.

If you want to get your ex-spouse to comply with a court-ordered family law directive through a contempt of court motion, consult with the family lawyers at Van Der Jagt law firm.

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