What is Contempt of Court
Contempt of court is the act of disrespecting or disobeying a court's authority, rules, or orders, and can result in fines or imprisonment.
Contempt of court is any willful act of disrespect, disobedience, or defiance toward a court's authority, dignity, or lawful orders. Courts have broad power to punish contemptuous behavior in order to maintain order, respect for the judicial process, and enforcement of their rulings. Contempt can result in fines, imprisonment, or both.
Two Types of Contempt
Civil Contempt
Civil contempt is used to compel compliance with a court order — it is coercive, not punitive. The goal is to force a party to do what the court ordered them to do.
Examples:
- Refusing to pay court-ordered child support
- Violating a restraining order
- Failing to turn over documents ordered in discovery
- Refusing to testify despite a court order
The contemnor can purge civil contempt by complying with the order (e.g., paying the money owed). Once they comply, the sanctions are lifted — hence the phrase: "the contemnor holds the key to their own jail cell."
Criminal Contempt
Criminal contempt is punitive — it punishes conduct that has already occurred and that disrespected the court's authority. The goal is not to obtain compliance but to punish the wrongdoer.
Examples:
- Shouting at a judge during trial
- Threatening a juror
- Publishing material intended to obstruct justice
- An attorney who repeatedly violates court rules
Criminal contempt requires higher procedural protections including the right to a jury trial if imprisonment may exceed 6 months.
Direct vs. Indirect Contempt
- Direct contempt — Occurs in the presence of the court (e.g., disrupting proceedings, insulting the judge)
- Indirect contempt — Occurs outside the courtroom (e.g., violating a court order, tampering with witnesses)
Common Contempt Scenarios
- A witness who refuses to testify after being ordered to do so
- A parent who ignores child custody orders
- A journalist who refuses to reveal a confidential source after being ordered by a court
- A party who hides or destroys documents subject to a discovery order
- A protestor who violates an injunction
Contempt Proceedings
Courts can hold parties in contempt immediately for direct contempt observed in the courtroom. For indirect contempt, there is typically a hearing where the alleged contemnor has an opportunity to show cause why they should not be held in contempt.