Contempt of Court
Conduct that disobeys, disrespects, or obstructs a court's authority, punishable by fines, imprisonment, or other sanctions designed to enforce compliance with judicial orders.
What Is Contempt of Court?
Contempt of court is the legal mechanism judges use to maintain order and enforce compliance with judicial proceedings and orders. The contempt power is inherent in courts and is essential to the operation of the judicial system. Contempt may be committed by any person — parties, lawyers, witnesses, jurors, or members of the public — who interferes with court business or violates a court order.
Categories of Contempt
- **Direct contempt**: occurs in the court's immediate presence (disruptive behavior, refusal to answer questions in court) - **Indirect contempt**: occurs outside the court but violates a court order (failing to pay child support, violating an injunction) - **Civil contempt**: coercive, intended to compel compliance with a court order (continues until the contemnor complies) - **Criminal contempt**: punitive, intended to punish past disobedience (fixed sentence regardless of subsequent compliance)
Due Process Protections
Indirect criminal contempt requires notice and an opportunity to be heard, similar to a regular criminal proceeding. Serious criminal contempt sanctions (more than six months' imprisonment) trigger the right to a jury trial. Civil contempt requires the contemnor to have the present ability to comply — courts cannot imprison a person for indigent inability to pay. Common civil contempt scenarios include violating child support orders, disregarding protective orders, refusing to comply with discovery, and ignoring permanent injunctions. Purging conditions allow the contemnor to end the sanction by complying with the underlying order.