“Contempt of Court” in Colorado – Can I go to jail for it?

In Colorado, judges can 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. The best way to avoid being found in contempt is to follow all the judge’s orders and to be cooperative in court. Though if you are found in contempt, we may be able to fight it by showing that you did not act willfully or that your actions were justified. In this article, our Denver criminal defense attorneys will address the following key issues regarding Colorado contempt laws:

• 1. Civil vs. Criminal Contempt
• 2. Contempt in Family Law
• 3. Penalties
• 4. How Contempt Proceedings Work
• 5. Defenses
• Frequently Asked Questions
• Additional Reading

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), or
• Failing to testify or produce documents in accordance with a subpoena, or
• Ignoring any other civil- or criminal court ruling.¹

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 questions,³ or
• A defendant insinuates that the judge has been bribed.⁴

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 this occurs, courts typically resolve the matter promptly 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) Because the judge did not witness it, an indirect contempt case requires a court hearing before the judge may impose penalties.

Contempt Can Be Technical or Viable

Technical contempt comprises minor violations of a court order, 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-spouse. These “technical” violations are usually not worth litigating. In contrast, viable contempt consists of major violations of a court order, 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 at all). People are encouraged not to go to court unless they are the victim of a viable contempt.

2. Contempt in Family Law

Contempt proceedings are common in family court when exes and co-parents allegedly fail to comply with 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 regarding the child’s education or health
• ignoring other court-ordered deadlines or property division orders

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:

1. Send a written request to the other party to comply with the order. It should be brief, professional, and specific.
2. 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.
3. Go to mediation (a common condition in parenting plans if disputes arise).
4. If you are owed child support, go through the Family Support Registry.

3. Penalties

Colorado judges have broad discretion to decide penalties for contempt of court.¹¹ 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 imposes contempt penalties, they must clearly state 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 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?

Yes, provided the court follows appropriate procedures and makes the required findings relative to both types of sanctions.¹⁹

Child Custody Cases

If you are found in contempt in a family law case, you risk having your parenting/custody schedule changed if the judge finds the change to be in the best interest of the child. The more violations you rack up, the likelier the judge will review your custody arrangement.

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. No additional hearing is required if the judge observes the disruption. If you are allegedly violating a court order, such as failing to pay child support (“civil contempt”), the injured party (called the “movant” or “complainant”) would file a “contempt of court” citation against you (the “contemnor”). They do this by bringing the following two completed documents to the court:

1. Motion & Affidavit for Citation for Contempt of Court (Form JDF 1816); and
2. 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. In other words, you have the:

• right to notice and
• right to a hearing.²⁰

You (and your attorney if you choose to have one) are legally obligated to appear for the hearing to explain why the court should not hold you in contempt. In cases of failing to pay child support for example, you would present such evidence as:

• certified payment histories (from the court clerk),
• relevant communication logs, and
• relevant Family Support Registry records.

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. Every case is different, but most contempt cases span two to four months, depending on how many hearings are involved. It is not required that you have an attorney, though it is highly recommended.

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.

1) 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, unclear, or vague.

Violating an invalid order is not illegal. If we can establish that the order is void, charges cannot apply.

2) 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 properly served with an order, you did not receive it and were under no obligation to comply.

3) 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 the intent to defy the court. Perhaps you made a good-faith effort to comply with a court order, but your efforts were unsuccessful. “Good faith compliance” can reduce or even eliminate contempt penalties. Or perhaps you suffer from a medical condition such as Tourette’s syndrome or bipolar disorder that makes it difficult for you to rein 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 could 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, the evidence we rely on to establish your “lack of intent” may include medical records, eyewitness testimony, video surveillance, and recorded communications (such as texts and voicemails).

4) 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.

5) 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 that 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.

Frequently Asked Questions

How long can I go to jail for contempt of court in Colorado?

In Colorado, you can face up to six months in jail for contempt of court. The exact penalty depends on whether it is civil or criminal contempt, and judges have broad discretion in deciding punishments, which can also include fines and court costs.

What’s the difference between civil and criminal contempt?

Civil contempt is when you disobey a court order (like failing to pay child support or violating a restraining order). Criminal contempt is when you disrespect the court or disrupt proceedings (like yelling at a judge or refusing to testify). Civil contempt focuses on getting you to comply, while criminal contempt punishes disrespectful behavior.

What happens if I miss my contempt of court hearing?

If you fail to appear at your contempt hearing, the judge will likely issue a bench warrant for your arrest. You have the legal right to notice and a hearing, but you’re also legally required to attend. It is highly recommended to have an attorney represent you at the hearing.

Can I avoid contempt penalties if I could not comply with the court order?

Yes, if you can prove you were unable to comply with the court order (such as lack of money for support payments) or that your violation wasn’t willful, you may avoid penalties. The court considers “good faith efforts” to comply and circumstances beyond your control when deciding penalties.

Can I make my ex pay my attorney’s fees if I file for contempt?

Yes, but it depends on the type of contempt. Under Colorado Rule of Civil Procedure (C.R.C.P.) 107, if you file for remedial contempt (asking the judge to force the other party to comply with an order), the judge has the discretion to order the non-compliant party to pay your attorney’s fees and court costs. However, attorney’s fees cannot be awarded if you are only seeking punitive contempt (asking the judge to punish the other party with jail time or fines for past disrespect). Even in remedial cases, attorney’s fees are not automatic; the judge will look at the severity of the violation before deciding.

What is the “burden of proof” in a Colorado contempt hearing?

The burden of proof depends entirely on whether the sanctions being sought are remedial or punitive:

• For Remedial Contempt (Civil): The standard is “preponderance of the evidence.” You only need to prove that it is more likely than not (51%) that the other party willfully violated the court order.
• For Punitive Contempt (Criminal): Because punitive sanctions are “quasi-criminal” and can result in a fixed jail sentence, the standard is much higher. The violation must be proven “beyond a reasonable doubt.”

Will a contempt of court citation go on my criminal record?

Usually, no, but there is a catch. Civil (remedial) contempt is not a criminal conviction; it is a civil enforcement tool. It will show up in family court or civil court records, but it does not go on your criminal background check. However, criminal (punitive) contempt is considered a “quasi-criminal” offense. If you are convicted of punitive contempt and sentenced to jail or criminal fines, it can potentially appear on criminal background checks, depending on how the jurisdiction files the charge.

Is there a statute of limitations for filing contempt in Colorado?

Colorado does not have a specific “statute of limitations” strictly for filing a contempt motion. However, timing is critical. If you are trying to collect unpaid child support, spousal maintenance, or a property judgment, Colorado law generally gives you a six-year window to collect a standard judgment (though child support judgments can last longer or be renewed). Furthermore, if you wait years to report a minor violation, a judge is highly likely to dismiss the contempt motion as trivial. It is always best to file a contempt motion as soon as a clear pattern of willful violation is established.

How can I get a contempt of court charge dropped?

If you have been served with a contempt citation, you have a few ways to get the charge dropped or dismissed before the hearing:

• Cure the Violation (The “Purge” Condition): If you are facing remedial contempt for unpaid support or a missed deadline, simply paying the owed amount or completing the required action before the hearing will usually force the court to drop the remedial penalties.
• Negotiate a Stipulation: You and your attorney can negotiate with the opposing party to reach an out-of-court agreement (a stipulation), which you then file with the court to cancel the hearing.
• Prove Inability to Comply: If you can provide financial affidavits or medical records proving that it was literally impossible for you to comply with the order (for example, you lost your job and had zero income to pay child support), the judge cannot hold you in contempt.

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.

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Legal References