Contempt of Court Denver Attorney – Different Types of Contempt
Overall, Contempt of Court occurs when a person engages in disorderly or disruptive behavior, a breach of the peace, boisterous conduct, 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 rules of the court. The bottom line is that people must obey the court when it makes an order, and that people cannot interfere with the judicial process by their behavior.
Direct Contempt occurs when someone does something in front of a judge, and it is so extreme that they get no warning to desist. Another type of Direct Contempt occurs when a person is ordered by the court to do or stop doing something, and they continue anyway. In these instances, the person may be punished without a Citation to Show Cause.
Indirect Contempt happens when a person does something contrary to a court order and it occurs outside the presence of the court and judge. Examples of Indirect Contempt are failing to obey a subpoena, answer Interrogatories, obey a child visitation schedule, or pay child support as ordered.
Contempt of Court Defense Lawyer in Jefferson County – Is it a Crime?
Interestingly, allegations of contempt in Jefferson County are treated as civil matters under the Colorado Rules of Civil Procedure, even when the contempt occurs in the course of a criminal case. As a result, the District Attorney does not prosecute the offense as a crime. An opposing attorney is usually involved in requesting a finding of contempt, and sanctions to make their client whole.
Citation to Show Cause in Adams and Arapahoe County – Can Criminal Defense Lawyers Use these?
When a person is accused of Indirect Contempt by a defense or plaintiff’s attorney, they are usually given a Citation to Show Cause to show why they should not be held in contempt. This is an order where the court essentially says “come to court at this date and time and tell the court why the court should not hold you in contempt.” It is the accused’s chance to come to court and defend themself. Another option is for the court to issue an arrest warrant and have the person jailed until they can appear before the court. In some cases, a judge will require a bond be posted to ensure the person show up for court to defend the charges / allegations of contempt.
Contempt of Court Penalties and Remedies in Douglas County – How do Defense Attorneys Fix the Problem?
Once a judge determines that Contempt has occurred, Contempt is remedied, or fixed, by a sentence to the Douglas County Jail for up to six months, an order to obey, or costs and fines. Judges can order attorney fees too. You can appeal the judge’s finding of Contempt.
Our Criminal defense lawyers can appear and represent you in a Contempt of Court hearing of any type: civil or criminal based. While it is not a criminal offense, these matters are closely related to criminal charges, and can result in a jail sentence of up to six months in the Arapahoe or Douglas County Jail. Never speak to the court or police without your lawyer present. Next, call our Contempt attorneys at 303-731-0719. Together, we can protect your future.
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