How To File a Motion for Contempt in Family Law Cases

4.6

Our Google Reviews
How To File a Motion for Contempt in Family Law Cases

What’s Inside

When you get a divorce, you and the other party come to various agreements that must be followed once they are adopted as orders by the Court. The Court has the power to enforce all orders entered in a dissolution of marriage or allocation of parental responsibilities proceeding. Refusing to sell specified assets or make spousal maintenance (alimony) payments can lead to legal repercussions. In Colorado, you can file for contempt of court if the other party willfully refuses to follow through with their agreement or order of the Court. In this guide, we will explain how to file a motion for contempt in a family law case and why you may need to file.

Reasons To File Contempt

You may need to file for contempt in Court if the other party knowingly disobeys court orders or refuses to perform required duties. You can only file a Motion for Contempt when your ex-partner willfully violates court orders that they are aware of. Breaking a verbal agreement is not the same as disobeying legally binding decrees.

You can file a motion if your ex-partner fails to make payments for child support or maintenance. You may also file a Motion for Contempt if they make partial payments without reasonable cause.

Failing To Meet Divorce Agreements

Likewise, you may need to file a charge of contempt if your partner refuses to sell specific assets or provide you with half of the money; this depends on your legal agreement. Remember that this concerns shared assets or those laid out in the final divorce agreement or order of the Court if your case was contested.

Failing To Meet Custody Agreements

You may also file a motion if your ex-partner fails to care for or see the children on their appointed days or refuses to return your child. Moreover, you may need to file for contempt if you two have shared legal custody and your ex-partner makes major decisions about your child without consulting you in non-emergency situations. In an emergency, they may need to make decisions on the spot, but they should inform you as soon as possible.

Contact Jones Law Firm PC for a contempt of court lawyer if you do not know whether you have reason to file this legal charge.

Steps to Filing for Contempt

If you have reason to file for contempt, you will need to follow a few steps:

  • Hiring an attorney
  • Filing the court forms
  • Serving the accused party
  • Attending your court hearing

In the following sections, we will go into further detail on these steps so you know how to file a Motion for Contempt in a family law case.

Hire an Attorney

While hiring a lawyer is not required, having someone on your side is always a good idea. Your lawyer can assist you as you fill out key documents such as:

  • Motion and Affidavit for Citation of Contempt of Court
  • Order to Issue Citation and Citation to Show Cause

Your attorney can also ensure you include all essential paperwork when filing a motion with the court. As you fill out the documents, be specific with the issue and the order that the other party is violating. For instance, if the other party disobeyed the custody agreement and refused to care for your kids on their appointed day, detail what happened and when.

Pro Tip

An attorney can provide mediation between you and your ex-spouse. If the accused party complies, you may be able to avoid the stress of going to court for a hearing.

File the Court Forms

Once you and your legal team create the Motion for Contempt, you need to submit it to a Court clerk where the original court order was issued. After the judge reviews your forms, the clerk will provide you with a day and time to appear in court.

It is best to make copies of the order so that you and the other party can each have one—the court keeps the original document. After doing this, send a copy to your ex-partner in order to inform them of the legal proceedings.

Pro Tip

When filing an order, you may have to pay to create copies of the document, a Transcript of Judgement, and a Certification Fee.

Serve the Accused Party

Once you have filled out and filed the orders, a private process server or sheriff in the accused party’s county will “serve” them with a copy of the Order to Issue Citation and Citation to Show Cause. This informs your ex-partner of the legal issue at hand. Personal service must be completed on the other party at least 21 days prior to the scheduled hearing.

Attend Your Court Hearing

Both parties must attend the court hearing. Refusing to show up can hinder your case, even if you filed the order. If the accused party fails to attend the court hearing, they may face legal fines or have a warrant issued for their arrest.

On the other hand, if you file the order but fail to show up in court, the judge may dismiss your case. Occasionally, the judge will allow the case to proceed if you filed and only your lawyer shows up in court, but this does not always happen, so attend your hearing.

The Consequences of Contempt Charges

The consequences of a guilty contempt charge depend on the type of contempt. In remedial contempt, penalties require the other party to follow the court order and may include fees or jail time. On the other hand, punitive contempt penalties come into play when a party willfully displays inappropriate or bad behavior; outcomes can also include fines and jail time.

Protect Your Rights

It is always best to hire a lawyer when you file a motion and prepare to go to court. Laws are complex, and going to court can be stressful. When you have an attorney at your side, you are more likely to reach your desired outcomes for the case. As you search for a lawyer, here are some key things to consider:

  • Price of service
  • Area of expertise
  • Level of experience
  • Law firm reviews

Additionally, you will need to hire a family law attorney to handle all matters about contempt during a divorce case, legal separation, or child custody.

Contact Jones Law Firm, PC

Jones Law Firm, PC has resolved family law cases in Colorado since 2000 and has an in-depth understanding of Colorado laws. Whether you need to file for contempt of court or are facing charges, our team can represent you. Schedule your free consultation today with a lawyer who will stand by your side and help you achieve your legal goals.

Jones Law Firm, PC, has been resolving family law cases in Colorado since 2000, offering an in-depth understanding of Colorado laws. Whether you need to file for contempt of court or are facing charges, our team is here to represent you. Contact us to schedule your free consultation or call us at 720-513-5983 to work with a lawyer who will stand by your side and help you achieve your legal goals.

How To File a Motion for Contempt in Family Law Cases

Recent Articles

More Categories

Practice Areas

Free Consultation

Fill out the form below to get in touch with our team!

Before footer form

Client Testimonials

Compassionate & Effective Counsel That Makes a Difference

B.H.

{acf_testimonials_user_location}

April and staff were wonderful.

“April and staff were wonderful. It made a difficult time of life softer while maintaining my dignity.”

J.A.

{acf_testimonials_user_location}

I will be recommending friends, family, and associates to Jones Law.

“When I needed legal assistance I emailed roughly a dozen law firms that came up in a Google search. Jones Law was the only firm that got back to me with a personalized message about my particular situation. When I arrived for my appointment I was greeted by Emily Sturgill to go over my case. Emily was awesome. She walked through my information & was very empathetic to my situation. I later met with David Collins to address my issue. David was great & completely understood what I wanted & gave me a very quick resolution. I will be recommending friends, family, and associates to Jones Law.”

M.C.

{acf_testimonials_user_location}

April always valued how I felt and what I wanted the outcome to be for the case.

“April Jones has represented me very well in my family court case. April always valued how I felt and what I wanted the outcome to be for the case. She understood my concerns and made sure they were kept on the forefront. I feel my cases outcome was positive for me and my family because of that. Thank you.”

S.H.

{acf_testimonials_user_location}

We can now open up another chapter of our lives.

“I went to Jones Law Firm, PC , needing help with my children’s custody case. April took my case, even though it was very short notice before the court date. Immediately April and all her staff members started gathering all the details and information from me to prepare for court. Daily April and/or her staff members were in contact with me for any updates on what was going on. I now have full custody of my two beautiful children. My family and I would like to say “Thank you so much” to everyone at the Jones Law Firm. We can now open up another chapter of our lives.”

A.E.

{acf_testimonials_user_location}

In the most difficult time of my life, April Jones was there for our family.

“I am SO thankful for April and her team! She personally went well above and beyond the call of duty on my custody and child support case and helped me out of a nightmare situation with my ex-wife and restored balance and fairness in my family. I am happy, and most importantly the kiddos are happy!! Thank you SO much April for all you do!”

S.R.

{acf_testimonials_user_location}

“April and her team made my divorce quick and smooth. I would recommend them to any one. Even after my case if I need to call in for anything the team there are always so nice and helpful. I would not be in the life I have now if it weren’t for the help I got from this firm.”

S.C.

{acf_testimonials_user_location}

Not only did she do a FANTASTIC professional job, she was caring, understanding and most concerned in a manner that left me knowing and feeling I was safe!

“Having had the pleasure and experience of having Ms. April Jones of Jones Law Firm, PC represent me in my recent divorce, I must say how truly BLESSED I was. Not only did she do a FANTASTIC professional job, she was caring, understanding and most concerned in a manner that left me knowing and feeling I was safe! In the aftermath (or dare I say ‘afterglow’!) of such an emotional separation departure, I graciously and honestly can suggest and recommend Jones Law Firm, PC !”

M.K.

{acf_testimonials_user_location}

Ms. Jones’ best quality as an attorney is her ability to take charge.

“Ms. Jones was my attorney in 2002. She is sharp, quick and strong and we won my case decisively. I am currently having Ms. Jones represent me again on another issue in 2010-2011. Based on my observation, Ms. Jones is sharper and stronger and has attained greater knowledge and insight. I have noticed that Ms. Jones desires to win each case with integrity. She cares about her client’s welfare at all times. Ms. Jones’ best quality as an attorney is her ability to take charge. I have recommended Ms. Jones to my friends and co-workers.”

Roswell

{acf_testimonials_user_location}

April settled my case literally out in the courthouse hallway.

“April settled my case literally out in the courthouse hallway.I had a landlord that failed to make promised repairs to my apartment. I was paying for a two bedroom,two bathroom place but only one bathroom worked. He said he would repair it when I moved in but 7 months went by and he was still making excuses. He lived in hawaii, the apartment was in california and he used that as his excuse. I decided to stop paying him until he fixed the bathroom I had BEEN paying for. After 3 months of that he arrived at my apartment and decided to take me to court rather than fix the bathroom and collect back rent which I had been holding onto. April negotiated a deal before we went into court for an immediate cash payment for 1 month and I could take a week to move out. My landlord accepted and a possible unlawful detainer ruling was avoided. I was able to use the 2 months rent I still had to find another apartment which would have been much harder to do with a unlawful detainer on my record.”

Alan

{acf_testimonials_user_location}

April is very knowledgeable of the law and will not let you down.

“I cannot be more happy with the April Jones Law Firm! I hired her in 2012 for disputes over child support and other items, we had to go to court 3 times on separate matters and every time we were successful. April is very knowledgeable of the law and will not let you down. If I ever need a family law attorney I will call April Jones.”

read more testimonials