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El Paso County Contempt Lawyer
(Including Colorado Springs, Fountain, Manitou Springs, Calhan, Green Mountain Falls, Monument, Palmer Lake, and Ramah)
The remedy for violation of a court order is a contempt sanction. The sanction can be either remedial or punitive. A remedial contempt citation is an affirmative act that the contempt must perform by a certain deadline. A punitive contempt sanction is a fine or jail time. Punitive contempt is a quasi-criminal proceeding, and the alleged contempt is entitled to an arraignment-type where the court will read his rights to him, including the right to a court-appointed attorney if he or she financially qualifies. In addition, the issues typically include attorney fees.
The procedure is not straight-forward. For example, there are two different burdens of proof. Remedial contempt has a preponderance of evidence standard, and punitive contempt has proof beyond a reasonable doubt standard.
Both sides need an attorney. The party seeking to prove contempt has certain elements to prove with respect to each type of contempt. The party seeking to avoid a contempt sanction may have a legal defense which can be proved in certain circumstances in addition to defending on the burden of proof. This is not a proceeding where you want to be representing yourself.
The issue is typically limited; but, the Magistrate will generally impose a time limit or limit the evidence. This dynamic places a premium on having an experienced attorney who will present an effective, persuasive and succinct case.
The Magistrate will order mediation prior to the hearing. This mediation is important because it is an opportunity to settle the issue and avoid the contempt sanction.
I am experienced in handling both sides of the contempt proceeding.
Please call for a free consultation.