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Can Contempt from a Divorce Dispute Land Me in Jail?

by | Jul 14, 2017 | Divorce

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Fox 31 Denver recently wrote a piece about divorce in Jefferson County and across Colorado. The story noted the serious consequences that can result from breaking the terms of a divorce or child custody agreement. Often referred to as ‘no bail jail,’ a Jefferson County Judge can find a person in Contempt of Court for not following an ordered agreement. Generally, one party makes the Court aware of the infraction by filing a Contempt of Court motion and a hearing is set requiring both parties be present. During the hearing, the judge will hear arguments from both sides, and make a determination on whether the party is, in fact, in contempt and what the punitive sanction will be.

Examples of Contempt of Court in an Arvada Divorce

While it does seem drastic, a Jefferson County divorce judge can find someone in Contempt of Court for not following the Arvada divorce or child custody agreement to the very letter. If a custody agreement states that a father gets to have his children for the weekend, but the mother keeps them on Saturday because it is her birthday, she could be held in Contempt. Also, if an ex-husband is expected to pay alimony to his former wife, and he cannot make his payment one month due to some unforeseen expenses, he could be found in Contempt.

Process for Jail Confinement in a Jefferson County Contempt of Court?

When a judge finds one party in Contempt of Court and decides jail is the appropriate punishment, an arrest will happen on the spot in family court. There is no time to get your affairs in order before turning yourself in. Also, there is no possibility for bail in these types of cases, and the arrested party will have to sit in the Jefferson County Jail for as long as the judge orders. Luckily, being sent to jail for Punitive Contempt is not a criminal offense. It will not show up on a background check or arrest record.

Child Custody Agreements: All Parties Should Agree

Sometimes, people choose to ignore or violate their dissolution of marriage or custody agreement because they don’t agree with the terms. This is why it is so important to have an experienced divorce attorney on your side. You need someone who will advocate for you, making sure all the terms of your divorce or parenting agreement are acceptable to you. This will keep you from facing potential consequences from a judge later down the road, for something impossible for you to do.

If you are preparing for divorce or facing a Contempt of Court hearing, contact the best family law attorneys from the Pearman Law Firm for a initial phone consultation at 303-991-7600 today.

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