Contempt of Court

An allegation that someone has violated a court order can be considered contempt of court. Examples of contempt of court “allegations” can include:

  • An allegation of nonpayment of child support
  • An allegation of not removing a party’s name from a home or vehicle
  • An allegation of not making payments on debts such as credit cards
  • An allegation of denial of parenting time
  • Any allegation of failing to comply with court orders

There are Two Types of Contempt: Punitive and Remedial

  • Punitive Contempt

    • Burden of Proof – beyond a reasonable doubt (criminal standard)
    • Constitutional Rights
      • Right to counsel if indigent
        • You can hire an attorney privately to either file a contempt motion or in defense of a contempt citation.
      • Right to remain silent
    • Elements of a Punitive Contempt
      • Valid Court Order
      • Knowledge of the Court Order
      • Failure to Comply
      • Ability to Comply
      • Willful Refusal to Comply and that the conduct is offensive to the authority and dignity of the court.
    • Possible Sentencing – if found in punitive contempt
      • Up to six (6) months in jail
      • A fine payable to the Court, or both

  • Remedial Contempt

    • Burden of Proof – by a preponderance of the evidence or more likely than not
    • Issues for consideration:
      • No right to counsel for purely remedial contempt
        • You can hire an attorney privately to either file a contempt motion or in defense of a contempt citation.
      • Right to remain silent – if asserted, the court can make a negative inference
    • Elements of a Remedial Contempt
      • Valid Court Order
      • Knowledge of the Court Order
      • Failure to Comply
      • Present Ability to Comply
    • Possible Sentencing – if found in remedial contempt
      • Right to cure or fix the issue(s) that have brought you before the Court
      • Jail time can still be imposed in a remedial contempt.

Possible Defenses to a Contempt of Court Citation:

  • Did comply with court orders
  • Did not have the ability to comply with the Court Orders
  • Did not have the present ability to comply with the Court Orders
  • Depending upon your circumstances, you may have other defenses available, which you should discuss with your attorney.

Please let me know if you need assistance
with any of these legal matters.