What is Contempt of Court?
Understand contempt of court, its types, legal consequences, and how to avoid it. Learn about civil and criminal contempt with real-life examples and penalties. 3 min read updated on September 13, 2024
KEY TAKEAWAYS
Contempt is the result of disobeying, disrupting, and/or undermining the authority of the Court.
Civil contempt aims to enforce compliance with court orders.
Criminal contempt focuses on punishing behaviors that disrupt the order of the Court.
What is Contempt of Court?
Contempt is a legal action resulting from disobeying, disrespecting, or undermining the Court. It is a crime punishable by law. If you are ever held in contempt, it can be classified into types based on the conduct and context.
Definition of Contempt of Court
According to the United States Department of Justice, contempt "is an act of disobedience or disrespect towards the judicial branch of the government, or an interference with its orderly process. It is an offense against a court of justice or a person to whom the judicial functions of sovereignty have been delegated". While the rules vary by rate, the federal court may impose a fine of $1,000 or imprisonment for not more than six months, but not both.
Types of Contempt of Court
Civil Contempt
Civil contempt occurs when some fails to comply with a court order. This could be for anything from failing to pay child support to failing to adhere to a court order requiring you to turn over documents. Civil contempt could result in a fine or even jail time.
Criminal Contempt
On the other hand, criminal contempt occurs when a person disrespects or disobeys the court's authority or interferes with the court's orderly process. While what amounts to criminal contempt varies by state, according to the Department of Justice, for an action to arise to the level of criminal contempt:
(1) there must be a violation;
(2) The violation must be for a clear and reasonably specific order; and
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(3) the violation must be willful
Causes and Examples of Contempt of Court
Other examples of civil and criminal contempt include the following:
Disregarding a court order
Violating a restraining order
Nonpayment of alimony and or child support
Interfering with the judicial process
Failing to produce discovery
Causing severe disruption in the court
Failing to specifically perform as ascribed by the court
The recent case State v. Jeffrey Lamar Williams provides a notable example of holding a person in contempt. In this case, authorities arrested the defendant's attorney, Brian Steele, for alleged contempt. He received an order to serve a 20-day sentence over ten weekends. This was for questioning Judge Glanville about an ex parte meeting that the defense was not a party to, the alleged contempt. Ultimately, Attorney Steele appealed the decision and won. Judge Glanville was removed from the case.
As you can see, legal contempt can be tricky, and requires legal knowledge to navigate. If you are facing contempt of Court charges, you should consult with an attorney.
Penalties for Contempt of Court
If a person is held in contempt of court, they could face:
- Fines
- Committed to a jail or prison
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Other possible sanctions
How to Avoid Contempt of Court
To avoid contempt of court, read all orders carefully. Comply with any order the court has made. Be sure to pay all fines and penalties on time. Always be respectful to the court. And, communicate with it. If you need help with the rules of court or a court order, contact an attorney immediately to avoid running afoul with the court.
Conclusion
Contempt of court is a serious legal issue. It happens when an individual fails to follow orders, shows disrespect toward the court or undermines the judicial process. Both civil and criminal contempt can lead to outcomes such as fines, jail time and other penalties that are imposed to enforce adherence to court directives. To steer clear of troubles it's crucial to understand contempt and its various manifestations while adhering to court mandates. If you have questions about court rules, always consult an attorney.
Frequently Asked Questions
What is the punishment for contempt of Court in the US?
At the federal level, the court may impose a fine of $1,000 or imprisonment for not more than six months, but not both. As for state level, the punishment varies by jurisdiction.
What does contempt of Court mean in a sentence?
Contempt means to disobey, disrespect, or undermine the Court.
What does it mean when you hold someone in contempt?
Holding someone in contempt means that the court has made a legal finding that someone disobeyed, disrespected or undermined the court. The punishment for such varies by jurisdiction.