People In Interest of K.P., L.P., and M.P., Children ( 2022 )


Menu:
  •      The summaries of the Colorado Court of Appeals published opinions
    constitute no part of the opinion of the division but have been prepared by
    the division for the convenience of the reader. The summaries may not be
    cited or relied upon as they are not the official language of the division.
    Any discrepancy between the language in the summary and in the opinion
    should be resolved in favor of the language in the opinion.
    SUMMARY
    June 2, 2022
    2022COA60
    No. 21CA0574, People in Interest of K.P. — Juvenile Court —
    Dependency and Neglect — Civil Protection Orders; Civil
    Procedure — Remedial and Punitive Sanctions for Contempt;
    Collateral Bar Rule
    A division of the court of appeals addresses the scope of the
    collateral bar rule in Colorado. Specifically, the division considers
    whether a parent, after being held in contempt for violating
    permanent protection orders in a dependency and neglect
    proceeding, may challenge those orders as unconstitutional prior
    restraints on her right to free speech despite failing to timely appeal
    the protection orders themselves. The division answers no. It
    concludes that, because the parent failed to timely appeal the
    protection orders, and because none of the exceptions to the
    collateral bar rule apply, the rule prevents the parent from bringing
    such a challenge. The division further concludes that the evidence
    was sufficient to support the contempt judgment.
    COLORADO COURT OF APPEALS                                          2022COA60
    Court of Appeals No. 21CA0574
    Arapahoe County District Court No. 19JV158
    Honorable Natalie T. Chase, Judge
    The People of the State of Colorado,
    Appellee,
    In the Interest of K.P., L.P., and M.P., Children,
    and Concerning C.P., a/k/a K.A.,
    Appellant,
    and C.P.,
    Appellee.
    JUDGMENT AFFIRMED
    Division II
    Opinion by JUDGE YUN
    Grove and Graham*, JJ., concur
    Announced June 2, 2022
    Ronald Carl, County Attorney, Kristi Erickson, Assistant City Attorney, Aurora,
    Colorado, for Appellee the People of the State of Colorado
    Alison A. Bettenberg, Guardian Ad Litem
    Ascend Counsel, LLC, Edward Milo Schwab, Denver, Colorado, for Appellant
    Sherman & Howard, L.L.C., Richard Bednarski, Colorado Springs, Colorado,
    for Appellee C.P.
    *Sitting by assignment of the Chief Justice under provisions of Colo. Const.
    art. VI, § 5(3), and § 24-51-1105, C.R.S. 2021.
    ¶1    The juvenile court found C.P., a/k/a K.A. (K.A.), in contempt
    for violating permanent civil protection orders barring her from
    discussing her children’s dependency and neglect case with most
    third parties. At a hearing that occurred several months after it
    had issued the protection orders, the court entered its judgment of
    contempt and sentenced K.A. to six months in jail. K.A. now
    appeals only the contempt judgment, arguing that the protection
    orders violated her constitutional right to free speech and that
    insufficient evidence supported the court’s judgment of contempt.
    ¶2    This appeal therefore requires us to determine whether K.A.,
    in appealing the contempt judgment, may collaterally attack the
    lawfulness of the underlying protection orders. We conclude that
    she may not. Under the collateral bar rule, a party must obey a
    court order — even an unconstitutional order — unless and until
    that order is stayed, set aside, or reversed on appeal. With rare
    exceptions, a party cannot challenge a court order by violating it.
    This is so because the orderly and efficient administration of justice
    would be jeopardized if parties could determine for themselves when
    and how to obey a court order.
    1
    ¶3    Because K.A. did not timely appeal the protection orders, and
    because none of the exceptions to the collateral bar rule apply, we
    conclude that the rule precludes K.A. from collaterally challenging
    the lawfulness, and therefore the constitutionality, of the protection
    orders in an appeal of the contempt judgment. We also reject K.A.’s
    argument that insufficient evidence supported the contempt
    judgment. We thus affirm the judgment.
    I.    Background
    ¶4    This contempt proceeding followed K.A.’s contentious divorce
    from C.P., the father of their three daughters, K.P., L.P., and M.P.,
    as well as the family’s involvement in two dependency and neglect
    cases.
    A.    Dependency and Neglect Proceedings
    ¶5    In 2017, the year before the divorce became final, the
    Arapahoe County Department of Human Services filed a petition in
    dependency and neglect alleging that the father was sexually
    abusing the two younger girls. A jury, however, found that the
    children were not dependent or neglected.
    ¶6    Two years later, the Department filed a second petition, this
    time asserting that K.A. had coached the oldest daughter into
    2
    falsely reporting sexual abuse by her father as part of K.A.’s pattern
    of emotionally abusing the girls. A jury found all three girls
    dependent and neglected as to K.A., and the juvenile court ordered
    her to comply with a treatment plan designed to give her “insight
    into how [her] behaviors alienated and emotionally harmed her
    children.” K.A. appealed the adjudication, but a division of this
    court affirmed it. People in Interest of K.P., slip op. at ¶ 1 (Colo.
    App. No. 19CA1161, Feb. 27, 2020) (not published pursuant to
    C.A.R. 35(e)).
    B.   Protection Orders and Termination
    ¶7    Soon after, in April 2020, K.A. posted a “Petition to Protect
    CHILDREN!” on the website change.org. In this posting, K.A.
    alleged that, despite her daughters’ disclosure of sexual abuse by
    their father, protective services, law enforcement, and mental health
    professionals had all insisted that the girls live with him. The
    petition included a video of the youngest daughter being interviewed
    by K.A. and making an outcry of sexual abuse, as well as a video of
    the oldest daughter’s journal entries disclosing sexual abuse by her
    father — evidence that K.A. had never disclosed to the Department
    or the police.
    3
    ¶8    In May 2020, the Department moved for a protection order
    under section 19-1-114(2)(a), C.R.S. 2021. It alleged that K.A.’s
    posting invaded the children’s privacy and showed that “any
    progress in her treatment plan was feigned” and that she refused to
    “own[] that she coached her children” into making outcries of sexual
    abuse against their father. The court agreed that K.A. was not
    acting in the girls’ best interests and granted the protection order
    (the May protection order). Among other things, the court required
    K.A. to take down the petition, prohibited her “from posting on
    social media sites information related to the Minor Children and the
    allegations of abuse or neglect associated with this case” (including
    doing so through third parties), and obligated her to provide the
    Department with the videos attached to the change.org petition.
    The court warned that her failure to comply with the order could
    “result in contempt proceedings and up to six months in jail.”
    ¶9    But K.A. refused to take down the petition, added copies of the
    girls’ handwritten notes when the website hosting the video took it
    down, and continued to post about the allegations on social media,
    as well as on her own website. As a result of K.A.’s defiance of the
    May protection order and her failure to engage in her treatment
    4
    plan, the Department filed two motions: one for a contempt citation
    against K.A., and another to terminate her parental rights. The
    juvenile court scheduled a hearing on both matters over two days in
    late August 2020.
    ¶ 10   On the first day, the court found beyond a reasonable doubt
    that K.A. had willfully violated the May protection order. It delayed
    sentencing her for contempt until after the termination hearing,
    which was set to continue through the next day. K.A., however,
    failed to appear (or to have counsel appear on her behalf) the
    following morning, so the court issued a bench warrant and did not
    proceed with sentencing. At the end of the hearing, the court
    terminated K.A.’s parent-child legal relationships with her three
    daughters. The court also sealed the court records, stating that no
    party was to release any filing in the case to any third party or ask
    other people to post anything on the internet regarding the case.
    ¶ 11   Immediately after the termination hearing, the father moved
    for a civil protection order in the same case. The juvenile court
    issued a temporary protection order that same day and scheduled a
    hearing on a permanent protection order for September 2020. After
    the hearing, the court entered a permanent civil protection order
    5
    under section 13-14-106, C.R.S. 2021, restraining K.A. from
    contacting the three girls or their father, who had custody (the
    September protection order). The order adds that K.A. is “not to
    talk to 3rd party about case except for [attorneys] or to use 3rd
    party to post on internet.”
    ¶ 12      K.A. then filed a C.R.C.P. 59 motion, asking the juvenile court
    to reconsider the breadth of the September protection order.
    Specifically, K.A. argued that the order’s “language prohibiting her
    from talking to any third party about th[e] case, other than her
    attorney,” was “excessively broad” and violated her “constitutionally
    protected rights.”
    ¶ 13      The juvenile court agreed — at least in part. It narrowed the
    September protection order so that K.A. could communicate about
    the case with her therapists and doctors, as well as her attorneys
    (the December protection order). The December protection order
    says,
    Because this Court is certain that more harm
    will occur from future postings regarding the
    allegations of sexual abuse in this case, the
    Court first ORDERS that [K.A.] shall be
    restrained from posting any information
    related to the allegations of abuse or neglect
    which were investigated during this case on
    6
    any website or social media outlet. This
    includes posting through a third party, which
    is subject to the provisions outlined above, as
    [K.A.] may be held liable for directing any third
    party to post such information. Further, the
    Court further ORDERS that [K.A.] shall be
    restrained from discussing the allegations of
    abuse or neglect which were investigated
    during this case or providing any case-related
    information, including but not limited to any
    documents within the case file, to any third
    party who does not have a legal duty of
    confidentiality to [K.A.] Thus, [K.A.] may
    discuss this case with her attorneys,
    therapists, or doctors, but she may not direct
    these third parties to release or disseminate
    case-related information to any other third
    party or to the public.
    ¶ 14   Though the court recognized K.A.’s First Amendment
    concerns, it concluded that the December protection order passed
    constitutional muster. The order, the court explained, was the least
    intrusive means necessary to serve the government’s compelling
    interests in protecting domestic abuse victims and the privacy of
    children involved in dependency and neglect proceedings. The
    court further found that, “based on the history of this case and
    [K.A.’s] repeated and relentless dissemination of the false
    allegations of abuse, Father and all three children will undoubtedly
    7
    suffer great, grave, and certain harm as a result of continued
    expression.”
    C.   Contempt Proceeding
    ¶ 15   On December 31, 2020, the father moved for a contempt
    citation against K.A. He alleged that an article published three days
    earlier in an online edition of the Colorado Springs Gazette includes
    details about the dependency and neglect case that K.A. must have
    shared, either directly with the author or through a third party, in
    violation of the juvenile court’s protection orders.
    ¶ 16   The article, titled “A sick mom, alone in a cell, on Christmas
    Eve,” does not include anyone’s name, but it does include, among
    other things, (1) K.A.’s experience of having COVID-19 in jail1;
    (2) K.A.’s “unwavering belief” that the father sexually abused the
    children; (3) that K.A. is in jail for seventeen months for violating a
    “gag order” in the case; and (4) that K.A. wrote to her friend, “A
    system shouldn’t be able to destroy someone’s life. Punished for
    protecting, for speaking truth, for loving my daughters so much — I
    would do anything for them.” Even though the case was sealed, the
    1K.A. was serving time in jail on prior contempt citations that are
    not part of this appeal.
    8
    week after the article’s publication, the juvenile court received two
    voicemail messages urging it to release K.A. from jail.
    ¶ 17   The juvenile court held a hearing on the contempt citation over
    two days in March 2021. The father and K.A.’s friend testified.
    Over K.A.’s objection, the court admitted into evidence seven
    recordings of jail phone calls between K.A. and her friend during
    which, the father argued, K.A. had shared information in violation
    of the protection orders. The court also admitted the Gazette article
    and a letter K.A. had written to her friend from jail.
    ¶ 18   On the second day of the hearing, the court found, beyond a
    reasonable doubt, that K.A. had willfully disobeyed its orders not to
    speak about the case with any third party who did not owe a duty of
    confidentiality to K.A. As pertinent here, the court found the
    following:
           the Gazette article includes a quote from K.A., as well as
    information that the author could have learned only from
    K.A., namely the length of K.A.’s jail sentence;
           the article mentions the allegations of abuse;
           the article is not, as K.A. argued at the hearing, about
    the incidence of COVID-19 in the jail, which would have
    9
    been “appropriate,” but, rather, is “about one
    individual[,] . . . about her circumstances of being in the
    jail”;
       several of the recorded phone calls imply either that the
    author of the Gazette article was in the room with K.A.’s
    friend or that the friend would pass information to the
    author;
       the recordings referred to K.A.’s attorneys moving to
    withdraw, “which is part of this case, [and] which is in
    direct violation of” the orders;
       K.A. talked about asking for in-home detention as an
    alternative to incarceration, “which is a direct pleading
    that was put into this case,” in violation of the orders;
       K.A. and her friend talked about “the unfairness of this
    case, . . . in direct violation of” the orders; and
       the two also talked about the court “specifically”
    “numerous” times, and they discussed that the court
    “specifically ha[d] violated the numerous rights of” K.A.
    10
    The juvenile court then sentenced K.A., who was already serving
    seventeen months in jail on three other contempt citations, to an
    additional six months.
    ¶ 19   K.A. now appeals the juvenile court’s judgment of contempt
    and her six-month jail sentence.
    II.    Analysis
    ¶ 20   K.A. argues that the juvenile court’s September and December
    protection orders violated her First Amendment rights and,
    therefore, that she cannot be punished for violating them. She also
    argues that insufficient evidence supports the juvenile court’s
    contempt judgment. After discussing the standard of review, we
    address each argument in turn.
    A.    Standard of Review
    ¶ 21   A finding of contempt is within the juvenile court’s discretion
    and may not be reversed absent an abuse of that discretion. People
    in Interest of K.S-E., 
    2021 COA 93
    , ¶ 18. A court abuses its
    discretion when its ruling is manifestly arbitrary, unreasonable,
    unfair, or contrary to law. 
    Id.
    ¶ 22   “However, the lawfulness of a district court’s order — the
    violation of which may give rise to a finding of contempt — is
    11
    subject to de novo review.” 
    Id.
     And we review the record de novo to
    determine whether the evidence was sufficient to sustain the
    contempt judgment. Clark v. People, 
    232 P.3d 1287
    , 1291 (Colo.
    2010).
    B.    K.A.’s First Amendment Challenge
    ¶ 23   K.A. argues that the September and December protection
    orders were unlawful because they were impermissible prior
    restraints on her right to free speech. The father counters that K.A.
    failed to timely appeal the September and December protection
    orders and, as a result, cannot now challenge their
    constitutionality. We agree with the father.
    ¶ 24   Although K.A. did not appeal the protection orders, she did
    timely appeal the contempt order. See C.R.C.P. 107(f) (“For the
    purposes of appeal, an order deciding the issue of contempt and
    sanctions shall be final.”). And because the juvenile court’s
    contempt judgment was based on its finding that K.A. willfully
    violated the protection orders, our review of the contempt judgment
    necessarily implicates the question of whether the protection orders
    were constitutional and thus lawful. See C.R.C.P. 107(a)(1)
    12
    (defining contempt to include “disobedience . . . by any person
    to . . . any lawful . . . order of the court”).
    ¶ 25    But that does not end our inquiry regarding whether the
    protection orders are reviewable. Under the collateral bar rule, a
    party generally must comply with even an unlawful order or risk
    being held in contempt because
    it is fundamental to our legal system that “all
    orders and judgments of courts must be
    complied with promptly. If a person to whom a
    judge directs an order believes that order is
    incorrect the remedy is to appeal, but, absent
    a stay, he must comply promptly with the
    order pending appeal. Persons who make
    private determinations of the law and refuse to
    obey an order generally risk criminal contempt
    even if the order is ultimately ruled incorrect.”
    People v. Coyle, 
    654 P.2d 815
    , 820 (Colo. 1982) (quoting Maness v.
    Meyers, 
    419 U.S. 449
    , 458 (1975)); see also K.S-E., ¶ 35.
    ¶ 26    The United States Supreme Court’s decision in Walker v. City
    of Birmingham, 
    388 U.S. 307
     (1967), illustrates this principle.
    There, Birmingham officials obtained an injunction prohibiting
    Dr. Martin Luther King, Jr., and other civil rights protesters from
    parading without a permit. 
    Id. at 308
    . Rather than appealing the
    injunction, the protesters disobeyed it. 
    Id.
     They were subsequently
    13
    charged with violating the injunction, fined, and sentenced to jail.
    
    Id. at 311-12
    . The Court noted that the ordinance, which provided
    the basis for the injunction, “unquestionably raise[d] substantial
    constitutional issues” and that “[t]he breadth and vagueness of the
    injunction itself would also unquestionably be subject to
    substantial constitutional question.” 
    Id. at 316-17
    . Nonetheless,
    the Court ruled that the protesters could not collaterally raise those
    constitutional issues in the contempt proceedings. 
    Id. at 317
    .
    ¶ 27   The Court found it significant that the protesters had not
    sought to appeal the order they violated. 
    Id. at 318-19
    . The Court
    declared, “[t]his case would arise in quite a different constitutional
    posture if the [protesters], before disobeying the injunction, had
    challenged it in the Alabama courts, and had been met with delay
    or frustration of their constitutional claims.” 
    Id. at 318
    . Thus,
    despite the potential illegality of the injunction, the Court upheld
    the protesters’ convictions because the protesters “were [not]
    constitutionally free to ignore all the procedures of the law and
    carry their battle to the streets.” 
    Id. at 321
    . The Court observed
    that “no man can be judge in his own case, however exalted his
    14
    station, however righteous his motives, and irrespective of his race,
    color, politics, or religion.” 
    Id. at 320-21
    .
    ¶ 28   We similarly conclude that, because K.A. did not timely appeal
    the underlying protection orders when they became final, the
    collateral bar rule precludes her from challenging the
    constitutionality of the orders in her appeal of the contempt
    judgment. See § 19-1-104(7), C.R.S. 2021 (“If the civil protection
    order is made permanent pursuant to the provisions of section
    13-14-106, the civil protection order remains in effect upon
    termination of the juvenile court action.”). While we acknowledge
    that K.A. has raised substantial constitutional issues regarding the
    protection orders, the juvenile court’s order “must be obeyed by the
    parties until it is reversed by orderly and proper proceedings.”
    United States v. United Mine Workers of Am., 
    330 U.S. 258
    , 293
    (1947); see also State v. Baize, 
    2019 UT App 202
    , ¶¶ 12-14
    (collateral bar rule precludes prior-restraint and vagueness
    challenges to a civil protection order in a prosecution for violating
    the order). Because K.A. decided to disobey the protection orders
    rather than challenge them on appeal, she cannot collaterally raise
    those constitutional issues in this appeal.
    15
    ¶ 29   Nor can we conclude that this case falls under any of the
    exceptions to the collateral bar rule.
    ¶ 30   First, if the issuing court lacks subject-matter jurisdiction over
    the underlying controversy or personal jurisdiction over the parties
    to it, then its order may be violated without the imposition of a
    contempt sanction. In re Novak, 
    932 F.2d 1397
    , 1401 (11th Cir.
    1991). K.A. has raised no such argument here. And the juvenile
    court had subject matter jurisdiction to enter civil protection orders
    under section 19-1-104(7).
    ¶ 31   Second, if no “adequate and effective remedies exist for orderly
    review of the challenged ruling,” then “the accused contemnor may
    challenge the validity of the disobeyed order on appeal from his
    criminal contempt conviction and escape punishment if that order
    is deemed invalid.” Novak, 
    932 F.2d at 1401
    . But as discussed
    above, K.A. had an adequate and effective remedy to challenge the
    protection orders — an appeal. And K.A. was aware of this remedy
    in December 2020 because she discussed with her friend the
    possibility of hiring a First Amendment expert and appealing the
    protection orders. She just did not seek that remedy.
    16
    ¶ 32   Third, the Supreme Court has recognized an exception to the
    collateral bar rule when compliance with an order “could cause
    irreparable injury.” Maness, 
    419 U.S. at 460
    ; see also K.S-E., ¶ 37
    (“[I]f an order is found to be unlawful under the Fifth Amendment,
    and if obedience to the order carries with it a substantial risk of
    irreparable harm, a party’s failure to comply with the order cannot
    support a finding of contempt.”). “Although several commentators
    have argued for the application of the Maness exception to
    deliberate violations of ex parte injunctions restraining First
    Amendment speech rights, thus far, the exception has not [been]
    extended beyond the limited confines of [the] self-incrimination
    [context].” In re Establishment Inspection of Hern Iron Works, Inc.,
    
    881 F.2d 722
    , 728 (9th Cir. 1989) (citations omitted); see also
    United States v. Hendrickson, 
    822 F.3d 812
    , 819 (6th Cir. 2016)
    (Although “the order implicates [the contemnor’s] First Amendment
    rights, it does not present the type of scenario that might rise to the
    level of an irretrievable surrender of a constitutional guarantee.”).
    ¶ 33   Finally, “court orders that are transparently invalid or patently
    frivolous need not be obeyed.” Novak, 
    932 F.2d at 1402
    . But to
    protect the judiciary’s dignity and authority, “we must indulge . . . a
    17
    heavy presumption in favor of the validity of every court order.” 
    Id. at 1403
    . “Only when there is no colorable, nonfrivolous argument
    to support the order being reviewed should a contemnor be excused
    from his disobedience of the order.” 
    Id.
     We cannot say that no
    colorable, nonfrivolous argument supports the validity of the
    juvenile court’s protection orders. See In re Marriage of Newell,
    
    192 P.3d 529
    , 536 (Colo. App. 2008) (concluding that a parent’s
    exercise of free speech that “threatened the child with physical or
    emotional harm, or had actually caused such harm,” could
    establish a state interest sufficiently compelling to curtail the
    parent’s free speech rights).
    ¶ 34   For all these reasons, we conclude that K.A. cannot collaterally
    challenge the constitutionality of the protection orders.
    D.   K.A.’s Sufficiency of the Evidence Challenge
    ¶ 35   K.A. next argues that the evidence was insufficient to support
    the juvenile court’s contempt judgment. Specifically, K.A. argues
    that the evidence did not establish that she (1) had knowledge of
    the September and December protection orders or (2) willfully
    refused to comply with those orders. We are not persuaded.
    18
    ¶ 36      Punitive sanctions — the type imposed against K.A. — “are
    criminal in nature and are designed to punish ‘by unconditional
    fine, fixed sentence of imprisonment, or both, for conduct that is
    found to be offensive to the authority and dignity of the court.’”
    K.S-E., ¶ 24 (quoting In re Marriage of Cyr, 
    186 P.3d 88
    , 91 (Colo.
    App. 2008); see also C.R.C.P. 107(a)(4). Punitive sanctions must be
    supported by factual findings establishing beyond a reasonable
    doubt that “(1) a lawful order existed; (2) the contemnor had
    knowledge of the order; (3) the contemnor had the ability to comply
    with the order; and (4) the contemnor willfully refused to comply
    with the order.” People ex rel. State Eng’r v. Sease, 
    2018 CO 91
    ,
    ¶ 23.
    ¶ 37      In analyzing the sufficiency of the evidence supporting the
    juvenile court’s contempt judgment, we consider “whether the
    relevant evidence, both direct and circumstantial, when viewed as a
    whole and in the light most favorable to the [father], is substantial
    and sufficient to support a conclusion by a reasonable mind that
    [K.A.] is guilty of the [contempt] charge beyond a reasonable doubt.”
    Clark, 232 P.3d at 1291 (citation omitted). We “may not ‘act as a
    trier of facts to ascertain the sufficiency of evidence to support a
    19
    contempt charge. Where the trial court has jurisdiction, and
    regularly pursues its authority, and there is evidence of contempt,
    its decision on the facts is conclusive.’” In re Marriage of Herrera,
    
    772 P.2d 676
    , 678 (Colo. App. 1989) (quoting Wall v. Dist. Ct.,
    
    146 Colo. 74
    , 80, 
    360 P.2d 452
    , 455 (1961)).
    ¶ 38   Viewing the evidence in the light most favorable to the father,
    we conclude that the evidence was sufficient to support the court’s
    findings.
    ¶ 39   First, the record supports the juvenile court’s finding that K.A.
    was informed of the protection orders through the court and her
    attorneys. K.A. was present at the hearing on September 23, 2020,
    when the court announced the terms of the September 2020
    protection order, and her attorneys sought reconsideration of that
    order under C.R.C.P. 59. The court’s ruling on K.A.’s Rule 59
    motion and the amended protection order were served on K.A.’s
    counsel in December 2020.
    ¶ 40   Additionally, K.A. repeatedly said during her phone
    conversations from jail that she “can’t talk about that” —
    statements that K.A. asserts evidenced her attempt to comply with
    the protection orders. K.A. could not attempt to comply with orders
    20
    of which she was unaware, so this evidence supports the juvenile
    court’s finding that she was in fact aware of the orders. And while
    K.A. claims these phone calls occurred before the issuance of the
    December protection order, and thus before she became aware of it,
    the record reflects that some of the conversations occurred after
    that order. The record therefore supports the juvenile court’s
    finding that K.A. was aware of the protection orders.
    ¶ 41   Second, the record supports the juvenile court’s finding that
    K.A. willfully violated the protection orders.2 The Gazette article
    includes a quote from K.A., as well as information that the author
    could have learned only from K.A. In several recorded phone calls
    from jail, K.A. talked with her friend about working with the author
    of the Gazette article. Specifically, K.A. told her friend to “[s]tay
    2 The September protection order prohibited K.A. from speaking
    with third parties (except for her attorneys) about the dependency
    and neglect case or from using third parties to post information
    about the case on the internet. That order was in effect and
    enforceable until the juvenile court issued the December protection
    order, which modified the earlier order only slightly. The December
    protection order contained the same proscriptions as the September
    order, except that the December order allowed K.A. to communicate
    with third parties with whom she had a confidential relationship
    (e.g., doctors, therapists, and attorneys). The court found that K.A.
    violated these orders during several phone calls with her friend
    between mid-October and the end of December 2020.
    21
    with” the author and “see if maybe you can make that work.” In
    another call with K.A., the friend implied that she had the author of
    the Gazette article in the same room with her, saying that “good
    things” were happening. And K.A. discussed with her friend several
    filings in the case, such as her request for in-home detention and
    the withdrawal of her attorneys, in violation of the protection
    orders.
    ¶ 42   Although K.A. argues that her jail phone calls show that she
    was trying to comply with the protection orders, the record supports
    the juvenile court’s contrary conclusion. The court found that
    K.A.’s behavior was indicative of someone who was surreptitiously
    trying to get around the court’s orders. For instance, the court
    found that K.A.’s letter to her friend directed the friend to
    communicate with her in a manner that would not be detected.
    When, as here, “the evidence is conflicting, a reviewing court may
    not substitute its conclusions for those of the trial court merely
    because there may be credible evidence supporting a different
    result.” In re Estate of Foiles, 
    2014 COA 104
    , ¶ 19.
    ¶ 43   We therefore conclude that the juvenile court did not abuse its
    discretion by finding K.A. in contempt.
    22
    III.   Conclusion
    ¶ 44   For these reasons, we affirm the juvenile court’s judgment.
    The father’s request for costs must be sought in the juvenile court.
    See C.A.R. 39.
    JUDGE GROVE and JUDGE GRAHAM concur.
    23