Verified Motion And Affidavit For Citation For Contempt Of Court {JDF 1816}

J DF 1816 R 3 - 1 8 MOTION AND AFFIDAVIT FOR CITATION FOR CONTEMPT OF COURT Page 1 of 3 District Court Juvenile Court County, Colorado Court Address: In re: The Marriage of: The Civil Union of: Parental Responsibilities concerning: Petitioner: and Co - Petitioner/Respondent: COURT USE ONLY Attorney or Party Without Attorney (Name and Address): Phone Number: E - mail: FAX Number: Atty. Reg. #: Case Number: Division Courtro om MOTION AND AFFIDAVIT FOR CITATION FOR CONTEMPT OF COURT I , state that ( the other party), has failed to comply with an o rder of this c ourt as follows: 1. On (d ate), a n Order was si gned by this court ordering the other party to do the following: (Briefly describe what the O rder says and attach a copy of the signed O rder .) 2. As of this d ate , the other part y owes me a total of $ , for (number of payments) payment(s) in the amount(s) of $ that were ordered to have been made by the following date(s): . and or Other : ( I dentify exactly what the other party has done , or failed to do, in violation of the O rder. ) 3. Describe any circumstances which may show that the other party has the present ability to comply w ith the Order : American LegalNet, Inc. www.FormsWorkFlow.com J DF 1816 R 3 - 1 8 MOTION AND AFFIDAVIT FOR CITATION FOR CONTEMPT OF COURT Page 2 of 3 4. Describe any circumstances which may show that the other party willfully refused to comply with the Order : 5. There has not been a stay of exe cution or modification of the Order. 6. The actions of the other party are contrary to the Order of this c ourt . 7. I request this c ourt to issue an o rder to the other party to appear before the c ourt at a specific date and time for a hearing to show cause wh y there has been a failure and /or refusal to comply with the Order of this co urt . 8. I hereby request: Remedial Contempt . I request that the Court find that the other party is in r emedial c ontempt of this C ourt Order. As described above, I attest that th e responding party ( 1) did not comply with the Order; (2) knew of the Order; and (3) has the present a bility to comply with the Order . As a result, I request this court impose the following sanctions: payment of my costs and reasonable attorney's f ees in connection with th is contempt proceeding; payment of a fine and/or imprisonment until the other party , who has the present ability to comply, performs the act(s) ordered; other (be very specific) and/or Punitive Contempt . I request that the Court find that the other party is in punitive c ontempt of this C ourt Order. As described above, I attest that, beyond a reasonable doubt, the responding party (1) had knowledge of the Order; (2) had th e ability to comply with the Order; and (3) willfully refused to comply with the Order. I request this court find that the conduct of the other party to be offensive to the authority and dignity of the C ourt, and, to vindicate the dignity of this court, t o impose a fine or fixed sentence of imprisonment , or both . By checking this box, I am acknowledging I am filling in the blanks and not changing anything else on the form. By checking this box, I am acknowledging that I have made a change to the original content of this form. VERIFICATION I declare under pen alty of perjury under the law of Colorado that the foregoing is true and correct. Executed on the day of , , at (date) (month) (year) (city or other location, and state OR country American LegalNet, Inc. www.FormsWorkFlow.com J DF 1816 R 3 - 1 8 MOTION AND AFFIDAVIT FOR CITATION FOR CONTEMPT OF COURT Page 3 of 3 (Printed name of Petitioner Co - Petitioner/Respondent ) Signature of Petitioner Co - Petitioner/Respondent Signature of attorney for Petitioner Co - Petiti oner/Respondent Address City State Zip Code (Area Code) Home Telephone Number A rea Code) Work Telephone Number It is important that the party accused of contempt read the foll owing information. A party accused of remedial contempt has the following rights: 1. The right to be represented by a lawyer . 2. The right to a hearing before a judicial officer where the court must find that you were subject to a court order, that you had kno wledge of that Order, that you did not comply with the Order, that you had the ability to comply with that Order, and that you have the present ability to comply with that Order. If you are found to be in remedial contemp t of court, the court may require you to pay the other party's court costs and attorney's fees connected with the contempt hearing, to pay a fine, and/or to serve an indefinite jail sentence until you comply with the original order. A party accused of p unitive contempt has the following rights: 1. The right to be represented by a lawyer . If you cannot afford a lawyer and if a jail sentence is contemplated , you may apply for a c ourt - a ppointed lawyer . 2. The right to a jury if a jail sentence in excess of 18 0 days is contemplated . 3. If the judge initiated the proceedings, t he right to have th e contempt matter heard by a different judge. 4. The right to plead guilty or not guilty to the charge of contempt. 5. The right to be presumed innocent unless and until the alle gation(s) in the motion for contempt is/are proven beyond a reasonable doubt . 6. The right to confront and cross - examine all witnesses against you. 7. The right to present relevant witnesses and evidence at the hearing. 8. The right to request the c ourt to issue subpoenas to compel witnesses to appear and give testimony. 9. The right to remain silent. 10. The right to testify on your own behalf. If you testify, you waive your right to remain silent and the other party may cross - examine you. 11. The right to make a statemen t on your own behalf prior to the imposition of sanctions , if you are found in contempt of court. If the court finds beyond a reasonable doubt that you were subject to a lawful court O rder, that you had knowledge of that O rder, that you had the ability t o comply with that O rder, that you willfully failed or refused to obey that O rder, and that such conduct was offensive to the authority and dignity of the court, you may be sentenced to pay a fine or serve a jail sentence. American LegalNet, Inc. www.FormsWorkFlow.com