Disrespecting a court or its authority can result in a charge of contempt of court, which can be direct or indirect. Punishments range from fines to short prison sentences. Civil or criminal contempt charges may be imposed depending on the seriousness of the crime.
Many organizations and systems around the world require etiquette and decorum, and legal systems are one such entity. In judicial proceedings, an individual who disrespects the proceedings of a court or its authority is likely to be considered in contempt of court. The two main contempt of judicial charges are direct contempt and indirect contempt. The distinction between the two lies in whether or not an individual disrupts an ongoing courtroom with destructive behavior — that is, behavior that could lead to a charge of criminal contempt. In contrast to the direct approach, indirect contempt occurs when an individual does not follow a court order. This type of contempt is less likely to result in criminal charges but rather will be seen as civil contempt.
In many regions, a contempt of court charge has to be proven. The defendant, also called contemner, must have been aware of the jurisdictional norm violated. Furthermore, he must have willfully ignored this rule. Punishments for a found guilty can range from fines to short prison sentences.
A judge can impose a charge of direct or indirect contempt. The first type involves violations that actually occur in the courtroom or before a judge. In these cases the imputation is immediate and the judge informs the person of the disputed crime. An example would be a defendant or bystander interrupting a court proceeding with an outburst. Another example is abusive language directed at a judge or other court employee.
Indirect contempt, on the other hand, occurs when an individual violates a court order outside the courtroom. Perhaps the most common form of this type of contempt is failure to appear in court for a scheduled proceeding. Other examples might include violating a restraining order or failing to attend required medical or psychiatry appointments.
Depending on the seriousness of the crime, an individual may be charged with civil contempt of court or criminal contempt of court. Civil contempt is the typical charge and any proceedings would therefore take place in the civil court system. The requirements for a guilty finding vary by region. In the United States, the defendant would be found guilty when the bulk of the evidence points to guilt.
Contempt cases that significantly damage the reputation of the court or one of its employees are treated with a higher degree of severity. Outright contempt can often be prosecuted as criminal contempt, since the judge will likely issue a warning and charge only after repeated violations. While other regions may differ, in the United States judicial system a criminal contempt charge must be proven beyond a reasonable doubt. Jail is also not uncommon for a guilty verdict.
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