Colorado Springs Contempt & Enforcement Lawyers
Helping You Uphold Court-Ordered Behavior
When the court orders a party to perform a certain action such as paying child support, following a parenting plan, or even submitting documents to divide assets or property, the failure to comply with the order may rise to the level of a contempt of court, commonly referred to as contempt. At Drexler Law in Colorado Springs, our experienced attorneys are here to assist you whether you have been accused of contempt or need help enforcing an existing order.
To schedule a consultation with one of the Colorado Springs divorce lawyers at Drexler Law, call (719) 259-0050 today or contact us online.
Punitive Vs. Remedial Contempt
When most people think of contempt, they think the noncomplying party ends up going to jail. While this is a distinct possibility for continued failure to comply with court orders, this type of contempt is referred to as punitive contempt and is designed to punish a party for not complying with a court's prior order. Punitive contempt is pursued when it can be established that the non-complying party has also offended the dignity of the court, which is a fancy way of saying that the non-compliant party ignored or could not care less about the court’s authority or inherent powers to enforce its own orders.
Remedial contempt is more common and is available to enforce a court's prior order. While this remedy may lead to the offending party paying the other party's attorney's fees (which can seem like a punishment to the non-compliant party), the purpose of remedial contempt is to place the party pursuing contempt in the position he or she would have been in had the offending party actually complied with the order as originally ordered.
Unfortunately, even in remedial contempt proceedings, the court may not order a full reimbursement of attorney fees or any attorney fees depending on the strength of the case. Even if the Court awards fees, the Court is likely to set a follow up hearing to gauge the defendant’s compliance with the order to pay attorney fees. Let's face it: If a party is failing to satisfy their financial obligations in the first place, piling on another order to pay may not be the best tactic to accomplish the desired result. Even where a contempt remedy may not be practical, other enforcement remedies are typically available to ensure or compel compliance, and the attorneys at Drexler Law can determine which remedy best suits your desired goals. Our lawyers are here to advise you on which enforcement remedy makes the most sense in your case while analyzing the cost and benefit or return on investment.
Our firm has successfully represented clients in modifying and enforcing prior orders consistent with the client’s goal. 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 legal representation to defend against a contempt in the same fashion that a criminal defendant is entitled to representation by an attorney.
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 Drexler Law are here to provide aggressive representation to protect your rights and ensure 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 consultation, call us at (719) 259-0050 or fill out a contact form.
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