In Greeley and across Colorado, Contempt of Court can occur in a variety of ways. Some of these include when a person willfully disrupts court proceedings, when they fail to obey a subpoena, or fail to transfer money or property as ordered. This charge can have many punishments, however the most severe is time in jail and a large fine. Surprisingly, Contempt of Court is not a crime – since crimes are defined and stated in laws written by our legislature. As to what is Civil Contempt and what is Criminal Contempt, one Colorado Supreme Court case stated, “the contemnor’s conduct is not the differentiating factor in determining whether the contempt is civil or criminal. The primary consideration is the purpose and character of the sanctions imposed against the contemnor.” Contempt in Weld County can be characterized as either “remedial” or “punitive.” Willful conduct, with the ability to do otherwise, is necessary for contempt. You should not be held liable for something you simply cannot do. It is important to understand charges of Contempt, and how they can affect your life. Below, the attorneys at the O’Malley Law Office discuss these 5 facts about Contempt of Court charges in Greeley:
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#1. Definition of Contempt of Court in Colorado, from C.R.C.P. 107(a) and Elsewhere
Colorado Rule of Civil Procedure 107(a), in Greeley, defines Civil and Criminal Contempt of Court as:
Disorderly or disruptive behavior, a breach of the peace, boisterous conduct or violent disturbance toward the court, or conduct that unreasonably interrupts the due course of judicial proceedings; behavior that obstructs the administration of justice; disobedience or resistance by any person to or interference with any lawful writ, process, or order of the court; or any other act or omission designated as contempt by the statutes or these rules. Contempt may occur in or out of the presence of the court.
#2 Differences Between Civil Contempt and Criminal Contempt of Court in Weld County
Civil contempt involves a remedial purpose – to fix something and make it right, involving a situation or parties to a court case. Criminal Contempt involves conduct which obstructs the administration of justice or tends to bring the court into disrepute. The punishments for the two differ. Civil contempt seeks to remedy an issue and will only be enforced if it is within a party’s power to comply. Criminal Contempt has a sanction which generally involves jail or payment of a fine. In the chart below are further distinctions between the two types of Contempt of Court.
| Civil Contempt | Civil Punishment | Criminal Contempt | Criminal Punishment |
| Civil contempt is remedial and is not intended as a deterrent to offenses against the members of the public.
If the Contemnor (person committing contempt) can cure or fix the contempt, it is civil. If it is imposed for the benefit of 3rd parties (such as payment of money or the transfer of property), it is civil.
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Remedial sanctions are sanctions imposed to force compliance with a lawful order or to compel performance of an act within the person’s power or present ability to perform. Sanctions with a remedial purpose are civil.
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Criminal Contempt is prosecuted to preserve the power and vindicate the dignity of the court by punishing the contemnor.
Conduct which amounts to obstruction of justice or tends to bring the court into disrepute. |
Punitive sanctions involve punishment by unconditional fine, fixed sentence of imprisonment, or both, for conduct that is found to be offensive to the authority and dignity if the court. Punitive sanctions are those which are designed to vindicate the dignity of the court by punishing the contemnor. |
| Example: Failing to pay one party to a lawsuit as directed by the court. This might occur when in a divorce, a judge tells one party to sell a house and split the profit with their ex spouse. | Key distinction of Civil Contempt: if a party may mitigate or avoid punishment by taking action consistent with a court’s order, then it is Civil Contempt. | Example: Failing to obey a court order to be present in court to testify as a witness. | Key distinction of Criminal Contempt: if a person is simply incarcerated for a definite period of time or some other penalty without any provision for purge / fixing of the contempt, and does not serve to redress a private right. |
#3. Examples of Behavior That Could Cause a Civil or Criminal Contempt of Court Charge in Greeley, Colorado
There are many ways a person can find themselves facing a Contempt of Court Charge in Greeley Court. The first is when a person violates a judicial order to do or not do something in a case which impacts a private party’s right. This is often called “Civil Contempt.” The second is when someone’s behavior affects the judicial process, and it is called “Criminal Contempt.” Below are examples of each.
Civil Contempt Examples:
- Not paying child support or following a custody plan.
- Not selling and splitting an item’s profit as ordered
- Failing to show up for jury duty.
Criminal Contempt Examples:
- Yelling at an attorney or judge during a court proceeding.
- Refusing to answer a question posed by an attorney if instructed to do so by a judge.
- In a famous case, a court bailiff disobeyed a court order and let sequestered jurors watch TV and read newspapers. He also broke court orders when he talked with them about the case and let them use their phones freely during deliberations.
- Not showing up to court when properly served a subpoena.
- Disobeying a direct order of a judge.
#4. What are Direct and Indirect Contempt in Weld County?
The difference between Direct and Indirect Contempt in Weld County is whether the behavior was conducted in a judge’s presence or not. If a person yells out in court or disrupts a hearing and the behavior is done in front of a judge, it is Direct Contempt. This means that the judge can resolve the issue quickly and impose punishment without a hearing. If the behavior that violates a court order is outside of the judge’s presence this is considered Indirect Contempt, and a hearing must happen before any penalties can be placed on the recipient of the contempt allegation. Even though Contempt is not a crime, it can be prosecuted by a District Attorney. C.R.S. 18-1-1002.
#5. What are the Punishments for Contempt in Ault, Eaton and Windsor, Colorado?
In Ault, Eaton and Windsor and across Colorado, there are two types of punishment that can issued when someone is facing a Contempt charge. The first is a Remedial Contempt penalty. This is where the judge will make you do, or make right, whatever it was that went against a court order. Remedial penalties are often used if a defendant has violated a child support order, property division order, or other court order. The second punishment class involve Punitive Contempt penalties: this is when the judge can punish a defendant for their behavior. Punitive punishments can be fines or even time in Weld County Jail. In many cases, a Civil Contempt issue can become a Criminal Contempt case, if an order continues to be unfulfilled when a person has the ability to do so.
A judge can punish Contempt charges broadly, which is why it is important to have an experienced attorney at your side if you are facing a Contempt of Court charge. The attorneys at the O’Malley Law Office have with over 30 years of experience and can help you avoid serious consequences.