A contempt order is issued by a court when a person or entity disobeys or disrespects the court’s authority. Penalties can include fines or jail time. Civil contempt orders aim to compel action, while criminal contempt orders are punitive. They can be issued in both civil and criminal cases.
A contempt order is a type of command issued by a court when a person or entity is in contempt of court, meaning that they have willfully challenged, ignored, or disrespected the court’s authority. The rebellious person or entity is referred to as the contemnor. Contempt orders are usually issued during a hearing or trial and can be issued in both civil and criminal cases. Under one of these orders, a judge can impose penalties on a convict. Penalties typically come in the form of fines or jail time.
In civil cases, a contempt order may be issued if the convict willfully disobeys a court order. For example, if one party fails to pay child support, the court can issue a civil injunction against the party. Contempt orders are also commonly issued in child custody, alimony, visitation, and small claims cases.
As a general rule, the purpose of a civil contempt order is to compel the offender to action, rather than punish him. For example, suppose a judge sentences a person to prison for failing to pay child support. Once support is paid, the judge will usually release the person from prison.
Civil contempt can also be referred to as vicarious contempt because the behavior does not usually occur in court. Rather, a contempt hearing must be held in order to establish that the convict defied the court. Typically, a contempt action is initiated by filing a motion for contempt, and the judge hears the evidence before accepting the order. For example, let’s say a woman was awarded alimony in a divorce suit. If the ex-husband fails to pay alimony, the woman can file a motion in contempt alleging that the divorce decree was violated and explaining why the court should issue a contempt order against the ex-husband.
Criminal contempt primarily occurs when a convict acts inappropriately in court or obstructs court operations, ultimately compromising the court’s ability to function effectively. For example, if a witness shouts at a judge, the witness can be found in contempt of court. Criminal contempt can also occur if a party fails to respond to a subpoena or if a party threatens the court, jury, or another party.
The purpose of a criminal contempt order is usually punitive in nature. Typically, a judge intends to punish the offender for his inappropriate behavior by fining him or sentencing him to prison. If the judge witnesses the behavior inappropriate, such as in the case of a screaming witness, the contempt can be referred to as outright contempt.
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