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Civil contempt occurs when a party disobeys a court order, with penalties aimed at forcing compliance. The convict must have known of the order and refused to comply. Penalties vary, but fines are not meant to punish. Child custody cases are a common example. Civil contempt is different from criminal contempt, which directly interferes with the court’s function and results in jail time.
Civil contempt occurs when one party, called a “container,” intentionally disobeys a court order. A convict does not have to be a party to a case, but can simply disobey an order to appear as a witness and be contemptuous. Penalties vary based on the severity of the contempt, but generally the penalties are simply aimed at forcing the party to obey the court order. Civil contempt is differentiated from criminal contempt, which occurs when the actions of the convict directly prevent the court from functioning properly.
To be found in civil contempt of court, the convict must have acted in a manner inconsistent with a court order. Additionally, he or she must have known of the order, been able to comply, and refused to comply with the order. Typically, anyone charged with contempt will be notified of that charge and, depending on the circumstances, given the opportunity to comply with an order to clear the charges. However, if the circumstances impose a penalty regardless of immediate compliance, the alleged accuser may be entitled to a hearing in which he can present evidence rebutting the allegation.
The penalties imposed for civil contempt vary depending on the jurisdiction and the circumstances surrounding the contempt. Penalties can include fines, jail time, or both. Typically, fines are not levied for the purpose of punishing the competitor. Rather, they are levied to compel the container to act on the order. Therefore, penalties for this charge can usually be avoided by simply placing the order.
One of the most common examples of civil contempt occurs in child custody cases. If either party fails to perform its duties under a court order, such as by failing to pay the appropriate amount of child support owed, the opponent may take action to bring him or her in contempt. In this case, the contestant may be held in contempt until he makes the appropriate payments.
Civil contempt is very different from criminal contempt, where the contempt directly interferes with the basic function of the court. For example, if a criminal defendant were to fight one of the court officials while being led into the courtroom, he could be considered abusive. Any convict held for criminal contempt of court will typically face jail time, whether or not he agrees to comply with the court’s instructions after being charged.
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