Whenever a person involved in a civil or criminal case at the Larimer County Courts disrupts court proceedings or fails to follow a court order, he can be held in direct or indirect contempt of court. Contempt of court is not a criminal offense, but can nonetheless come with sanctions or penalties. With civil contempt of court, the Courts may impose remedial sanctions to force compliance from the contemnor, or the person held in contempt. However, a contemnor held in criminal contempt may instead face punitive sanctions, including incarceration at the Larimer County Jail, a fine, or both. Below, our top criminal defense lawyers explain the differences between civil and criminal contempt, as well as direct and indirect contempt of court:
1. What is Contempt of Court, C.R.C.P. 107(a) in Colorado?
Colorado Rules of Civil Procedure / C.R.C.P. 107(a) defines contempt of court as follows:
In other words, any behavior that is considered disruptive to civil or criminal court proceedings will result in that person being held in contempt of court. Depending on the type of disruption, it can be regarded as direct or indirect contempt at the Larimer County Courts.
2. Direct vs. Indirect Contempt at the Larimer County Courts
At the Larimer County Courts, a person who disrupts court proceedings may be held in either direct or indirect contempt. Direct contempt is defined under C.R.C.P. 107(a) as “contempt that the court has seen or heard and is so extreme that no warning is necessary or that has been repeated despite the court’s warning to desist.” Essentially, direct contempt is when a person engages in disruptive behavior inside the courtroom during a proceeding, or behavior to the Court’s direct view. For example, shouting curse words at the judge would result in being held in direct contempt.
By contrast, indirect contempt is defined as “contempt that occurs out of the direct sight or hearing of the court.” Indirect contempt could include refusing to pay restitution that was ordered by the Court at the sentencing hearing for a criminal case.
3. What is the Difference Between Criminal and Civil Contempt in Fort Collins?
When a person is held in contempt of court in Fort Collins, the penalties he will face depend on whether he is held in criminal contempt or civil contempt. Civil contempt of court involves remedial sanctions – see C.R.C.P. 107 (a) (5). These 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.” In other words, if a person is held in contempt for refusal to comply with a court order, he will be held in civil contempt. The Court will act to force the contemnor to cooperate to remedy the noncompliance.
Criminal contempt instead involves punitive sanctions, according to C.R.C.P. 107 (a) (4). This is where the person held in contempt can face an “unconditional fine, fixed sentence of imprisonment, or both” as punishment for his behavior.
4. Penalties for Contempt of Court in Loveland and Estes Park
Penalties for contempt of court in Loveland and Estes Park depend on whether you were held in civil or criminal contempt of court. If you are held in civil contempt, the judge will impose remedial sanctions on you by entering a written order describing what you need to do to clear the contempt from your record. This order will also describe the sanctions enacted against you until you have met the Court’s requirements. For example, if you were found in contempt of court for not paying restitution, the Court may demand that you pay it, or else be sent to the Larimer County Jail.
Punitive sanctions for criminal contempt may follow remedial sanctions if the person held in contempt does not comply. If the Court imposes remedial sanctions and the contemnor still does not comply, he could be sent to the Larimer County Jail. There is no way around this – once the Court decides to hold you in criminal contempt of court, you will be arrested and / or fined.
5. Examples of Contempt at the Larimer County Courts
Examples of actions that could result in a person being held in contempt of court include, but are not limited to, the following scenarios:
Direct Contempt |
Indirect Contempt |
|
|
When a person is convicted of a crime, there is generally a presumptive range that details the incarceration, fines, and other penalties he or she may face. However, this presumptive range does not exist when a person is held in contempt of court. The sanctions imposed on the contemnor are at the judge’s discretion, and vary depending on the offense resulting in being held in contempt.
Have you been held in contempt at the Larimer County Courts? First, exercise your right to remain silent. Then contact the top criminal defense lawyers at the O’Malley Law Office today at (970) 658-0007. Together, we can protect your future.
The Larimer County Courthouse is located at 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
Photo by Sora Shimazaki