The JDF 1816 form, officially known as the Verified Motion and Affidavit for Citation for Contempt of Court, is a legal document utilized within the state of Colorado. It is designed for individuals seeking to address instances where another party has failed to comply with a court order. This critical document outlines the necessary steps and information required to initiate the process, including descriptions of the court order violated, evidence of non-compliance, and the ability of the accused to comply. To ensure your rights are protected and the process is initiated correctly, consider filling out the form by clicking the button below.
In the landscape of family and civil law, the JDF 1816 form holds a significant role within Colorado's judicial framework. It serves as a legal instrument through which individuals can request the court to hold another party in contempt for failing to comply with a court order. This comprehensive form is used in various contexts, including disputes relating to marriage, civil unions, and parental responsibilities, reflecting its versatility in addressing non-compliance across a broad spectrum of cases. When an individual believes that another party has not adhered to the stipulations of a court order, whether it pertains to financial obligations, custody arrangements, or other court-mandated actions, the JDF 1816 form enables them to formally request court intervention. This intervention may compel the non-compliant party to rectify their failure to act in accordance with the order, through remedial or punitive means. The form demands a detailed account of the alleged non-compliance, including the specifics of the original court order, the nature and extent of the failure to comply, and any relevant financial details. Moreover, it is crucial for the petitioning party to assert that the other party had both the knowledge of and the ability to comply with the order, yet willfully chose not to, thereby justifying the contempt citation. The form also delineates the rights afforded to the accused party, ensuring a fair process by outlining their entitlement to legal representation, a hearing, and other procedural safeguards to contest the allegations of contempt. This articulation of rights underpins the legal system's commitment to due process, even in contempt proceedings, which can culminate in significant consequences, including fines and incarceration.
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:
Attorney or Party Without Attorney (Name and Address):
Phone Number:
E-mail:
FAX Number:
Atty. Reg. #:
COURT USE ONLY
Case Number:
Division Courtroom
VERIFIED MOTION AND AFFIDAVIT FOR CITATION FOR CONTEMPT OF COURT
I, __________________________________ state that ________________________________ (the other party),
has failed to comply with an order of this court as follows:
1.On ________________________ (date), an Order was signed by this court ordering the other party to do the following: (Briefly describe what the Order says and attach a copy of the signed Order.)
2.As of this date, the other party 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: (Identify exactly what the other party has done, or failed to do, in violation of the Order.)
3.Describe any circumstances which may show that the other party has the present ability to comply with the Order:
JDF 1816 R7/13 VERIFIED MOTION AND AFFIDAVIT FOR CITATION FOR CONTEMPT OF COURT
© 2013 Colorado Judicial Department for use in the Courts of Colorado
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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 execution or modification of the Order.
6.The actions of the other party are contrary to the Order of this court.
7.I request this court to issue an order to the other party to appear before the court at a specific date and time for a hearing to show cause why there has been a failure and/or refusal to comply with the Order of this court.
8.I hereby request:
Remedial Contempt. I request that the Court find that the other party is in remedial contempt of this Court’s Order. As described above, I attest that the responding party (1) did not comply with the Order; (2) knew of the Order; and (3) has the present ability to comply with the Order.
As a result, I request this court impose the following sanctions:
payment of my costs and reasonable attorney's fees in connection with this 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 contempt of this Court’s Order. As described above, I attest that, beyond a reasonable doubt, the responding party (1) had knowledge of the Order; (2) had the 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 Court, and, to vindicate the dignity of this court, to impose a fine or fixed sentence of imprisonment, or both.
Date: _____________________________
__________________________________________
Signature of Petitioner Co-Petitioner/Respondent
Address
City, State, Zip Code
Page 2 of 3
(Area Code) Home Telephone Number
Area Code) Work Telephone Number
Subscribed and affirmed, or sworn to before me in the County of _____________________________, State of
________________, this ___________ day of _______________, 20 ______.
My Commission Expires: ____________________
___________________________________
Notary Public/Deputy Clerk
It is important that the party accused of contempt read the following 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 knowledge 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 contempt 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 punitive 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 court-appointed lawyer.
2.The right to a jury if a jail sentence in excess of 180 days is contemplated.
3.If the judge initiated the proceedings, the right to have the 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 allegation(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 court 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 statement 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 Order, that you had knowledge of that Order, that you had the ability to comply with that Order, that you willfully failed or refused to obey that Order, 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.
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Filling out the JDF 1816 form is a crucial step in the process of addressing a failure to comply with a court order. This document serves to officially notify the court of such non-compliance and requests judicial intervention to enforce the order. It requires careful and accurate completion to ensure that the motion is considered valid by the court. Here are the steps you need to follow to fill out the form correctly:
Once the form is correctly filled out and notarized, you will need to file it with the court clerk at the county court indicated on the form. Ensure that you keep a copy for your records. Following the submission, the court will review the motion and decide on the next steps, which may include scheduling a hearing to address the matter further. Timely and accurate completion and submission of the JDF 1816 form are essential for ensuring the court can address the non-compliance issue effectively.
What is the JDF 1816 form?
The JDF 1816 form, known as the Verified Motion and Affidavit for Citation for Contempt of Court, is a document used in the state of Colorado to report a party's failure to comply with a court order. Individuals can file this form to formally notify the court of non-compliance in cases involving marriage, civil unions, or parental responsibilities, among others. It requests the court to enforce the order and potentially apply sanctions against the non-compliant party.
When should someone use the JDF 1816 form?
Someone should use this form when they believe another party is not adhering to a specific order issued by a Colorado district or juvenile court. This can involve situations where financial obligations, like child support or alimony, have not been met, or when court-ordered actions or conditions, related to parental responsibilities or other civil matters, are being ignored.
What are the steps to complete the JDF 1816 form?
To complete the form, the filer must provide detailed information about the court order that has been violated, including attaching a copy of the order itself. They need to describe the nature of the non-compliance, provide evidence or reasoning to show the other party's ability to comply, and specify the total amount or nature of what is owed, if applicable. After detailing the non-compliance, the filer requests the court to issue a citation for contempt against the non-compliant party, choosing between remedial or punitive contempt, and outline the desired sanctions or consequences.
What rights does a party accused of contempt have?
A party accused of remedial contempt has several rights, including the right to be represented by a lawyer, to have a hearing before a judicial officer, and to be informed of the charges against them with the opportunity to show compliance ability. If faced with punitive contempt, additional rights include the possibility of a jury trial if a jail sentence of more than 180 days is contemplated, and the right to a different judge if the proceedings were initiated by the original judge. Accused parties also have the right to remain silent, confront witnesses, and provide evidence in their defense.
What is the difference between remedial and punitive contempt as mentioned in the form?
Remedial contempt aims to compel compliance with the court's order and can involve sanctions like fines, jail sentences until the act is performed, or payment of costs and legal fees related to the contempt proceedings. Punitive contempt, on the other hand, seeks to punish the non-compliant party for actions that disrespect the court's authority. This can involve fixed jail sentences or fines, and is applied when there's clear evidence that the party had knowledge of, but willfully refused to comply with, the court's order.
Can someone file the JDF 1816 form on their own, or do they need an attorney?
While individuals can file the JDF 1816 form on their own, navigating the legal system and understanding the complexities of contempt of court can be challenging. It may be beneficial to consult with or hire an attorney who can offer legal advice, help with filling out the form accurately, and represent the filer's interests in court. However, if someone cannot afford an attorney and is facing the possibility of punitive contempt, they may apply for a court-appointed attorney.
One of the common mistakes made by individuals while filling out the JDF 1816 form is neglecting to include all necessary personal information, such as full name, complete address, phone numbers, and email address. This oversight can significantly delay the contempt proceeding, as the court relies on accurate contact information to communicate with the parties involved.
Another error involves the failure to attach a copy of the court order that has been allegedly violated. The form explicitly requires a brief description of the order and a copy as an attachment. This step is crucial because it provides the court a reference point to verify claims of non-compliance.
Many forget to specify the total amount owed, alongside the number of missed payments and their corresponding due dates, under the section detailing the other party's failure to comply. This specificity is vital for the court to understand the extent of the alleged contempt.
There's often a lack of detailed explanation regarding the other party’s ability to comply with the order. The form asks for circumstances that may show the other party's current capability to fulfill the order’s requirements. This information is instrumental in distinguishing between a wilful refusal and an inability to comply.
Additionally, individuals frequently overlook the importance of substantiating the claim that the other party willfully refused to comply with the court's order. Including factual details and evidence to support this claim strengthens the motion for contempt.
The requirement to clearly state the type of contempt charge being requested – remedial or punitive – along with the specific sanctions being sought, is often misunderstood or inadequately completed. Clarity in this section is essential for the court to understand the petitioner's desired outcome.
Last but not least, many fail to properly execute the verification section at the end of the form. This area must be signed in front of a notary public or deputy clerk. This step is more than procedural; it legally affirms the truthfulness of the information provided in the motion. Omitting this step can render the motion invalid.
Navigating the complexities of legal documentation can often feel overwhelming. Forms like the JDF 1816, a Verified Motion and Affidavit for Citation for Contempt of Court used in Colorado, are crucial for parties seeking enforcement of court orders when one party is not complying. However, this is just one of the many documents that might be needed in the process. To streamline efforts and ensure thorough preparation, understanding other commonly used forms and documents is essential.
While the Verified Motion and Affidavit for Citation for Contempt of Court (JDF 1816) serves a specific purpose within the realm of family law, the journey through legal processes often requires multiple steps and documentation. By becoming familiar with these additional forms, individuals can better navigate the system, ensuring their rights are protected and their obligations are clear. Each document plays a pivotal role in providing the court with the information it needs to make informed decisions, ultimately aiding in the resolution of complex legal matters.
The Financial Affidavit form, commonly used in divorce and child support cases, bears resemblance to the JDF 1816 form because it requires detailed financial disclosures from a party. Just like JDF 1816 mandates the disclosure of financial obligations not met as per a court order, the Financial Affidavit demands a comprehensive listing of income, assets, and expenses. Both aim to ensure fairness and compliance with court orders, presenting crucial financial details to the court to aid in decision-making processes.
The Motion for Modification of Child Support is similar to the JDF 1816 form as both involve a legal process requesting a review and possible alteration of existing court orders due to changed circumstances or non-compliance. While the JDF 1816 specifically addresses contempt for non-compliance, a Motion for Modification seeks adjustments based on new financial or custodial circumstances, showcasing both documents' roles in keeping court orders relevant and enforceable.
The Petition for Dissolution of Marriage (Divorce) or Civil Union document parallels the JDF 1816 form in how it initiates a legal proceeding, requiring personal and financial information from the parties involved. The difference lies in their purposes – the latter aims to address non-compliance with a court order, while a Petition for Dissolution requests the legal ending of a marriage or civil union. Both, however, necessitate detailed disclosures for the court's consideration in rendering decisions.
Child Custody and Visitation Application forms share commonalities with the JDF 1816 form by dealing directly with matters of compliance and the best interests of children involved in a separation or divorce. While the JDF 1816 might be used to enforce custody or visitation orders, Child Custody and Visitation forms seek to establish these orders. Each requires careful court consideration to ensure decisions are made in favor of the child’s welfare.
The Motion to Modify Child Custody mirrors the JDF 1816 form as both pertain to the modification or enforcement of existing court orders related to child welfare. The Motion to Modify targets changes in custody arrangements due to evolving circumstances, whereas the JDF 1816 addresses enforcement issues against a party failing to abide by such orders. Both documents fundamentally seek to protect and prioritize children’s needs in the eyes of the law.
Request for Order forms, used to ask a court to establish, modify, or enforce a legal obligation, have similarities to the JDF 1816 form through their shared goal of invoking the court's power to address a specific need or compliance issue. While Request for Order can cover a broad range of requests from property division to spousal support, JDF 1816 focuses on contempt for non-compliance, highlighting their shared reliance on judicial intervention for resolution.
Appeal Notice forms relate to the JDF 1816 form in the sense that both engage the judicial system to review or rectify a situation perceived as unjust or incorrect by one party. An Appeal Notice seeks a higher court's reevaluation of a decision, contrasting with the JDF 1816’s use in lower courts to address non-compliance with an order. Yet, each underscores the legal recourse available for disputing or enforcing court decisions.
The Emergency Motion for Child Pick-Up Order aligns with JDF 1816 in its urgent nature and focus on child-related matters, specifically the immediate return of a child under a legal custody agreement. Both documents rely on swift court intervention for compliance and resolution, although their contexts differ significantly between enforcing a standing order (JDF 1816) and securing an immediate protective action.
Domestic Violence Restraining Order applications share a procedural affinity with the JDF 1816 form, as both involve petitioning the court for immediate and specific relief based on alleged violations (be it of personal safety in the case of restraining orders, or court orders with the JDF 1816). Their emphasis on protection and compliance underscores the legal system's role in safeguarding rights and enforcing responsibilities.
The Stipulation to Modify an Existing Order form, like the JDF 1816, interacts directly with the modification or enforcement of court orders, albeit through a mutual agreement between parties rather than through one party’s allegation of non-compliance. Both documents illustrate the fluidity and enforceability of court orders, adapting to changes in circumstances or addressing breaches in agreed-upon legal obligations.
When filling out the JDF 1816 form for a contempt of court motion in Colorado, it's crucial to approach it carefully and attentively. Below are ten dos and don'ts to guide you through the process:
Adhering to these dos and don'ts can enhance the clarity and effectiveness of your motion, making a compelling case for why the court should address the alleged non-compliance. Always consider consulting with a legal professional to ensure your documentation is in order and to get advice tailored to your specific situation.
There are several misconceptions regarding the JDF 1816 form, a document used in Colorado to address contempt of court situations related to civil matters like divorce, civil unions, or parental responsibilities. Understanding these misconceptions can clarify the form's purpose and its process.
Misconception 1: The JDF 1816 form can be used for any type of contempt. This form is specifically designed for contempt of court in civil cases, such as failing to comply with orders regarding parenting time, child support, or other court-mandated obligations. It is not applicable for criminal contempt cases.
Misconception 2: Completing the form automatically guarantees the other party will be punished. Filling out the form is just the first step. The court will review the submitted information, and a hearing will be set to determine whether contempt has occurred. The accused party has the right to defend themselves.
Misconception 3: A lawyer is not necessary when filing this form. While individuals can file the form without a lawyer, legal advice can significantly help navigate the complexities of contempt proceedings and increase the chances of a favorable outcome.
Misconception 4: The form only serves to penalize the other party financially. Remedial sanctions like fines or imprisonment aim to compel compliance with court orders rather than solely to punish. The form also allows for more constructive resolutions, including modifications to support the accused party in meeting their obligations.
Misconception 5: The information on the form is private and confidential. As with most court documents, the JDF 1816 is a matter of public record, and its contents could be accessible to anyone interested in viewing the case file, barring specific confidentiality orders.
Misconception 6: Filing this form will immediately result in penalties for the other party. There are several steps and considerations before any action is taken. The court must first establish that contempt has occurred and that the accused had the ability but chose not to comply with the order.
Misconception 7: Any missed payment or obligation can be addressed with this form. The court considers many factors, including the reasons behind non-compliance. Temporary financial hardship or other valid reasons may not result in a finding of contempt.
Misconception 8: Once the form is filed, the filer has no more responsibilities. The individual who files the motion may need to provide further evidence, appear at hearings, and actively participate in the contempt process to prove their case.
Understanding the specifics of the JDF 1816 form helps individuals navigate legal challenges more effectively, ensuring that they approach the situation with realistic expectations and a clear understanding of the process.
Filling out the JDF 1816 form, known as the Verified Motion and Affidavit for Citation for Contempt of Court, is a critical step for individuals seeking to address non-compliance with a court order in Colorado. Here are four key takeaways for individuals considering the use of this form.
In summary, the successful use of the JDF 1816 form hinges on providing thorough and precise information regarding the order's violation, understanding the legal foundations of contempt proceedings, and preparing for the potential defenses the accused party may present. These actions not only uphold the rule of law but also ensure that justice is served in a fair and equitable manner.
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