Contempt

Contempt of court is a court order declaring that a person has disobeyed a court’s authority or been disrespectful toward the Court within the process of a court hearing or trial. Two examples of behavior that usually result in contempt are disrespecting a judge and disrupting court proceedings by exhibiting poor behavior.

Contempt of court has two classifications: direct contempt and indirect contempt. Direct contempt occurs when a person commits contempt while in the presence of a presiding judge. Indirect contempt occurs when someone disobeys one or more court orders outside of court.

Sometimes contemptuous behavior is directed at the general court or specifically toward the judge. But in emotionally charged civil cases such as lawsuits, custody and support disputes and disputes over the division of marital assets, contempt is often the result of bad behavior that occurs between opposing parties. A person found guilty of contempt is referred to as a “contemnor”. In order to prove contempt of court, an attorney or complainant must prove the following four elements of contempt:

1. the presence of a lawful order

2. the offender’s knowledge of the order

3. the offender’s ability to comply with the order

4. the offender’s failure to comply with the order

When a person is found guilty of contempt, a judge may impose sanctions that range from a small fine to jail time.