By: Stephen J. Plog
In many Colorado divorce and child custody cases, it’s not uncommon to see situations in which one party or the other fails to follow the court’s orders, whether financial or child related in nature. When orders are not followed, the aggrieved party is left with various remedies to consider, one of which is filing a motion and affidavit for contempt of court pursuant to Colorado Rules of Civil Procedure Rule 107.
The filing of a motion for contempt of court essentially entails setting forth allegations within the motion alleging that there are court orders in place, that the other party is aware of the court orders, that the other party has failed to follow those court orders, and that that party had/has the ability to follow the relevant, violated court orders. Once filed, the court will give the contempt motion a prima facia review, after which it will normally issue a citation instructing the violating party to appear in court, at a certain time, to answer as to the allegations. The initial hearing is generally for advisement purposes, at which time the accused will plead guilty or not guilty. If “not guilty” is the plea then an evidentiary hearing will be set, to take place a few weeks, or months, down the road. Continue reading