What Is Contempt?
Contempt is the willful obstruction of justice, whether that be in the form of disobeying court orders, directly or indirectly, any action that hinder an investigation, disrupting proceedings, blatant disrespect or defiance to the Judge or Magistrate. There are two types of contempt, civil contempt and criminal contempt, and depending on the severity of the contempt of court, the punishment will vary, from fines to jail time.
Civil Contempt
Civil contempt is a far easier crime to commit. Civil contempt occurs when someone fails to comply with a court order that benefits a private party, i.e. child visitation and child support, restraining orders, or delaying the submission of evidence. If a situation like this arises in your case, your lawyer may file contempt of court against the opposite party, and vice versa. Contempt of court does not have the goal of punishing the contemnor but rather compliance of the court order(s). To establish contempt of court, there must already have been a court order served to the other party, and you must prove that failure to comply with the court’s orders was willful. Civil Contempt is easier to prove as it does not have to be proven “beyond a reasonable doubt,” unlike criminal contempt. Once you or the other party complies with the court order, the contempt will be “purged” and the case may continue. In a worst case scenario, the court determines compliance is no longer feasible, and you may be fined or imprisoned for a short time. In some cases, the court may issue a warrant for the contemnor’s arrest if other sanctions have failed to achieve compliance.
Criminal Contempt
Criminal Contempt is blatant disregard of the court and its procedures. Criminal contempt involves actions that directly interfere with the administration of justice or defy the authority of the court itself. Any disrespect of the court, the magistrate or any other judicial officer can result in criminal contempt. The two types of criminal contempt are direct contempt and indirect contempt. Direct criminal contempt occurs when disruptive behavior or disrespect happens in court, such as being verbally abusive to the judge, refusing to follow court decorum, or being physically disruptive at proceedings. Indirect criminal contempt involves behavior outside the court that still obstructs justice or disrespects the court and its decisions, such as disobeying a court order or violating a gag order. The purpose of criminal contempt is to uphold the authority and dignity of the court system and to ensure that judicial proceedings can continue without disruption. It also intends to maintain respect of the court and legal procedures. Criminal contempt should be based on the objective standard of whether the conduct in question disrupts or obstructs the administration of justice, rather than focusing solely on the impact on specific individuals involved in the case. Committing criminal contempt of any kind has its penalties, from fines to brief jail time. If you’ve committed direct contempt of the courtroom, the judge has the authority to fine you, throw you out of the courtroom, or even imprison you. Because there are more severe punishments when having committed criminal contempt, it must be proven beyond a reasonable doubt that the contemnor has willfully engaged in the actions.
Compare & Contrast
In both situations, the contemnor must be served proper notice according to Local Rule 4: Civil Procedures. In any legal case, a person must be served notice, otherwise the litigant process is null and void as the prosecuted person may claim no knowledge of the case. You can only commit civil contempt in your own case, however any person in a courtroom can commit criminal contempt. Unlike civil contempt, criminal contempt cannot be purged or expunged, and it goes permanently on your record. Aggravated criminal contempt will put you in jail longer, but the average jail time of someone who has committed criminal contempt is no more than 6 months.
Conclusion
Regardless if you have committed contempt yourself, or if you want to file a motion against someone for contempt, civil or criminal, it’s all avoidable. The key is self control and emotional regulation. Following court orders to the best of your ability will help your case, showing the bench you are willing to try and are open to their opinions and rulings. Contempt serves as a crucial mechanism for maintaining order and respect within the court system. It underscores the importance of adherence to court rules and orders, as well as the principles of justice and fairness in legal proceedings.
DISCLAIMER: The purpose of this article is to provide the general public with general information related to legal issues. None of the information provided within this article is intended to be construed or relied upon by any person(s) as legal advice. Further, reading this article does not create an attorney/client relationship between the reader and the author. If you need legal advice, it is recommended that you speak with an attorney who is licensed to practice law in your jurisdiction and practices the subject matter for which you are seeking legal advice.