| We've all heard the words "you're in contempt" on | | | | The prosecutor or person complaining about |
| television and in the movies. What does it really mean | | | | contempt must prove four elements for it to be |
| to be in contempt and are there actual consequences | | | | contempt. There must be existence of an order and |
| for this action? When a judge says you are in | | | | the person in contempt or contemnor must have had |
| contempt, they are stating you are in contempt of | | | | knowledge of it. They must then prove the |
| court and actually issue an order stating you have | | | | contemnor was able to comply and failed to despite |
| disobeyed a direct order given by the court. This | | | | the ability being present. If they cannot prove these |
| order can also be given when you have been | | | | four elements, the contemnor is less likely to be |
| considered to be disrespectful during a court hearing | | | | found guilty. |
| or trial. The two most common behaviors for this | | | | When a person is accused of contempt, they have |
| court order are showing disregard toward the judge | | | | many of the same protections as someone does in a |
| or by bad behavior disturbing the court trial. | | | | criminal prosecution. They are considered innocent |
| Contempt can be classified two ways. The first is | | | | until proven guilty. This must be beyond a reasonable |
| called direct contempt and results from the contempt | | | | doubt. The prosecution must provide evidence of the |
| happening in the company of the presiding judge. | | | | contempt. A person charged with contempt can |
| Indirect contempt is the second classification. This | | | | refuse to be a witness at the proceedings. People |
| kind actually happens outside of the court by | | | | found guilty of contempt can be fined up to 1,000 |
| someone not following a direct court order. Court | | | | dollars or receive up to five days of jail time |
| orders consist of things such as subpoenas and | | | | depending on the states laws regarding contempt. |
| temporary restraining orders. Breaking these orders is | | | | Both can be given as punishment as well. |
| considered being in contempt. | | | | If you or someone you know has been charged with |
| The court itself can begin a contempt trial. Anyone | | | | contempt, a law firms can help. During divorce |
| who has an order in place to prevent another party | | | | proceeding court outburst are common for contempt |
| from pursuing certain actions can petition for action | | | | charges. Divorce lawyers see this often due to |
| on the basis of contempt. The most common | | | | heated tempers and bad situations. Being charged of |
| reasons for a person being in contempt are child | | | | contempt is just as serious as any other basic |
| support payment failure, denial of visitation rights, | | | | charge. A good lawyer may be able to help the court |
| failure to appear in court when subpoenaed, and | | | | find you not guilty and make sure the charge stays |
| failure to pay fines or court costs. A complaint must | | | | off your record. Legal advice is recommended and a |
| be filed under the clerk of courts who will then issue | | | | must when anyone is charged with being contempt |
| the party a citation. The citation will state the charge | | | | of the court. |
| and the possible penalties if found guilty. | | | | |