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I did not serve subpoena papers on my ex for a contempt of court I filed. Do we need to show? DHS has now taken over.

Colorado Springs, CO |

Since I filed paperwork for contempt of court for First Right of Refusal, DHS has gotten involved. I did not have my ex subpoenaed, do we need to show October 28?

Attorney Answers 3


If you do not appear your motion with be dismissed. If you do appear the Court will issue an alias summons and give you another opportunity to have the other party served. You need to decide if you still wish to pursue the contempt.

You can reach Harkess & Salter LLC by phone or email. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

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Perfect answer by Mr. Harkess.

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.

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For starters, you do not serve a subpoena on a person accused of contempt of court. You serve them with a citation, a copy of the order that directed the issuance of the citation, and a copy of the motion asking that the citation be issued. If you serve a subpoena instead of the documents, you have done the wrong thing. Second, what do you mean DHS is involved? Are they collecting child support, or have they filed a Dependency and Neglect case? If they have filed a Dependency and Neglect case, then the domestic relations case needs to be notified, and all aspects of the domestic relations case related to parenting time and parental decision-making will be "on hold" until the Dependency and Neglect case is concluded. This answer is provided as general information about a legal issue, is not legal advice specific to a particular case, and does not create a lawyer-client relationship with the person asking the question.

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