Civil Contempt

Civil Contempt occurs when any party, called the “contemnor,” willfully disobeys a Court Order. A contemnor does not have to be a party to a case, rather they can simply disobey an order to appear as a witness and be held in civil Contempt. Penalties vary based on the severity of the Contempt, but generally the penalties are geared simply toward coercing the party to obey the court’s order. Civil Contempt is differentiated from criminal Contempt, which occurs when the contemnor’s actions directly prevent the court from properly functioning.

In order to be found in civil Contempt of court, the contemnor must have acted in a manner inconsistent with a Court Order. Further, he or she must have known about the order, been able to comply, and refused to comply with the order. Generally, anyone to be charged with civil Contempt will be notified of such a charge and depending on the circumstances will have a chance to comply with the order to wipe out the charges. Though, if the circumstances dictate a penalty regardless of immediate compliance, the alleged contemnor may have the right to a hearing at which he or she may present Evidence in rebuttal of the civil Contempt charge.