Understanding Contempt of Court
If you’ve been summoned to court or are facing legal proceedings, you will need to understand the term Contempt of Court in order to avoid this serious legal charge. This is a tool that judges will use to maintain order, ensure judicial integrity and enforce their rulings.
What Is Contempt of Court?
Contempt of Court is any act of disrespect, disobedience, or interference with the normal operation of a judicial system or a court order.
A judge can hold an individual in contempt of court for a wide variety of behaviors, from overt misconduct in the courtroom to failure to comply with a court-mandated obligation outside of the proceedings.
There are two primary purposes:
- Protect the judicial process: To ensure trials and hearings can proceed without disruption.
- Enforce compliance: To compel individuals to follow court orders, such as paying child support or providing requested documents.
Types of Contempt of Court: Direct vs. Indirect
The law categorizes Contempt of Court based on where the offending action took place:
Direct Contempt of Court
Direct contempt refers to actions that occur in the presence of the judge or the court. Because the judge witnesses the action directly, they often have the power to impose punishment immediately to restore order.
Examples of Direct Contempt include:
- Interrupting the judge, attorneys, or witnesses.
- Using abusive or inappropriate language in the courtroom.
- Making disrespectful gestures or sounds.
- Refusing to stand when the judge enters the room.
Indirect Contempt of Court
Indirect contempt refers to actions that occur outside the presence of the court but still interfere with the judicial process or violate a court order. Since the judge did not witness the act, the court must follow a formal procedure, often including a notice and hearing, to prove the contempt occurred.
Examples of Indirect Contempt include:
- Failing to appear for a scheduled hearing (Failure to Appear).
- Failing to pay court-ordered child support or alimony.
- Contacting or attempting to influence a juror.
- Refusing to produce documents or evidence required by a subpoena.
Differences Between Civil and Criminal Contempt
While all contempt charges deal with disobedience, they are further distinguished by the purpose of the punishment and are categorized as either civil or criminal.
What is Civil Contempt?
Civil Contempt is meant to be remedial. If the contemnor (the person in contempt) complies with the original court order (e.g., pays the owed money), they are immediately released from punishment, often leading to the phrase that they “hold the keys to the jail cell.”
What is Criminal Contempt?
Criminal Contempt is meant to be punitive. It is treated like a crime against the court itself, and the punishment (usually a fine or fixed jail sentence) is imposed regardless of whether the person complies with the original order later on.
What Happens When You Receive Contempt of Court Orders?
A finding of Contempt of Court carries serious and immediate consequences, often resulting in the judge issuing a bench warrant for arrest. Sanctions for Contempt of Court can include significant fines, incarceration—which can be indefinite in civil cases until compliance—and other severe penalties, emphasizing the immediate need for legal assistance upon receiving such an order.
If You Find Yourself in Contempt of Court
Receiving a contempt of court order means you need immediate legal assistance. If you or a loved one has been arrested on a bench warrant for contempt, securing release is often the first priority.
Owens Bonding in Kansas can Help!
If you or a loved one has a bench warrant out for arrest due to Contempt of Court and needs assistance with the legal process and securing release, contact Owens Bonding today by Finding an Agent near you or calling 866.830.2663. Our bail agents are available 24 hours a day, 7 days a week across Kansas.