Guiding You Through Contempt And Enforcement Matters

When the court orders a party to perform a certain action, such as pay child support, follow a parenting plan, or even submit documents to divide assets or property, the failure to comply with the order is called contempt.

At The Drexler Law Group, LLC, in Colorado Springs, our experienced attorneys will assist you whether you have been accused of contempt or need help enforcing an order.

Punitive Vs. Remedial Contempt

When most people think of contempt they think that the noncomplying party will end up going to jail. While jail is a real possibility for continued failure to comply with court orders when the noncomplying party has the ability to comply, this type of contempt is referred to as "punitive" contempt, designed to punish a party for not complying with a court's prior order.

"Remedial" contempt is also available to enforce compliance with the court's prior order. The real teeth on the remedial contempt shark is exposure to paying the other party's attorney's fees. However, that doesn't mean the court will always award attorney's fees or even that the other party will pay even if ordered to do so. Let's face it, if a party is failing to satisfy their financial obligations, it may be futile to add an award of attorney's fees on top of that.

The old adage that it's impossible to draw blood from a turnip comes to mind. Still, other remedies are available to ensure or compel compliance, and the attorneys at The Drexler Law Group, LLC, can determine which remedy best suits your desired goals. Our lawyers will advise you on which enforcement remedy makes the most sense in your case.

"Quasi-Criminal" Cases

We have certainly enjoyed success modifying orders and pursuing enforcement motions; however, sometimes there is no substitute for a civil contempt action.

Contempt remedies are called "quasi-criminal" cases due to the potential for the punitive sanction of jail time. However, because the threat of jail exists, the noncomplying party may be entitled to free legal representation to defend against a contempt.

Don't Wait To Get Help

Whether you are contemplating filing for contempt or enforcement or whether you find yourself defending against such an effort, the attorneys at The Drexler Law Group, LLC, can provide aggressive representation to protect your rights and to ensure that you don't leave the contempt proceedings with more problems than you started. In many cases, zealous negotiation can avoid a full contempt proceeding, and we will explore all potential remedies that may favor our client.

To schedule your free consultation, call us at 719-359-4623 or fill out a contact form.