Fill and Sign the Jdf 1816 Form

JDF 1816 R1-18 VERIFIED 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 W ithout Attorney (Name and Address): Phone Number: E-mail: FAX Number: Atty. Reg. #: Case Number: Division Courtroom 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 Or der.) 2. As of this d ate, 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 R1-18 VERIFIED 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 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 cour t 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 O rder 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 no t 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 th is contempt proceeding;  payment of a fine and/or imprisonment until the other party, who has the present abilit y 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 respond ing party (1) had knowledge of the Order; (2) had the ability to comply with the Order; and (3) willfully refused to com ply with the Order. I request this court find that the conduct of the other party to be offensive t o 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 .  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 conten t of this form. Date: _____________________________ ___________________________________________ Signature of Petitioner Co -Petitioner/Respondent ____________________________________________________ Signature of attorney for Petitioner Co -Petitioner/Respondent __________________________________________ ___ Address _____________________________________________ JDF 1816 R1-18 VERIFIED MOTION AND AFFIDAVIT FOR CITATION FOR CONTEMPT OF COURT Page 3 of 3 City, State, Zip Code _____________________________________________ (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, tha t 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 y ou to pay the other party's court co sts 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 j udge. 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 th e 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 testimon y. 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 Orde r, 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 m ay be sentenced to pay a fine or serve a jail sentence.