Criminal and Civil Contempt

There are two kinds of contempt—civil and criminal. Both involve intentional acts that disrupt or hinder the efficient administration of justice. Both can result in jail time and fines.

What Is Contempt of Court?

Contempt of court refers to conduct that obstructs the court in performing its duties, undermines its authority, or disobeys an order of the court. Two types of contempt exist—civil and criminal.

Civil vs. Criminal Contempt

Civil and criminal contempt differ in their purpose and punishment.

Purpose. The punishment for civil contempt is remedial. It's meant to enforce future compliance to benefit a party in the case. Criminal contempt, on the other hand, is backwards looking. It's meant to punish prior conduct to maintain order and aid in the administration of justice.

Punishment. Another way to distinguish the two is to determine whether the punishment is set in stone or can be cured. A person facing civil contempt can cure their unlawful conduct. For instance, if a witness refuses to testify, a judge might hold them in civil contempt until they comply with the court's order to testify. Basically, someone in civil contempt "holds the keys to the jailhouse cell in their pocket." Criminal contempt is a done deal. The punishment is directed at past conduct. For instance, a judge might fine a spectator for their repeated outbursts in court.

The type of proceeding in which the contempt occurred—a civil action versus a criminal case—is unrelated to the type of contempt involved. Behavior during both civil and criminal proceedings can give rise to a civil or criminal contempt.

Who Can Be Held in Contempt

A court's contempt powers extends to those under its jurisdiction (or authority), such as the parties to the action, witnesses, jurors, attorneys, court spectators, court staff, and anyone else involved in or present at the court proceeding. Parties who are not directly involved with the court may be held in contempt if they aid or abet someone who is.

What Is Civil Contempt?

In a civil contempt case, the offending party intentionally failed to comply with a court order to the detriment of the other party. For instance, a judge could find a parent who refuses to pay child support in civil contempt if that parent had the ability to pay. The court might order the offending parent to stay in jail until they pay the child support and interest.

Other examples of civil contempt might include:

• a personal representative in a probate matter who refuses to turn over estate property as ordered
• a defendant who refused to surrender their vehicle as ordered
• a parent who maliciously interfered with the other parent's visitation rights, or
• a party that repeatedly failed to turn over court-order discovery documents.

The judge's order must impose a punishment that coerces the party into complying. This might be ordering daily fines, jail time, or attorney's fees to compensate the other party. The offending party must be able to "cure" or "purge" the punishment by complying.

What Is Criminal Contempt?

When people intentionally behave in a way that embarrasses judges or prevents them from doing their jobs, criminal contempt charges may follow. Criminal contempt can be direct or indirect.

What Is Direct Contempt?

Direct contempt is typically behavior that happens during court and interrupts the proceeding. These acts interfere with the business or functioning of the court and generally require immediate action. Judges may immediately find the person guilty of contempt and impose a sentence.

Examples of Direct Contempt

The behavior generally needs to be extreme to result in direct contempt—for example:

• a defendant shouting profanities at the judge during a hearing
• a spectator who makes inappropriate outbursts during witness testimony, or
• any party whose conduct is disorderly to the court, such as someone showing up to court intoxicated or high.

A judge found a prospective juror in a civil trial guilty of direct criminal contempt after she frequently interrupted the judge, exhibited hostile behavior, refused to answer questions regarding her requests to be released from jury duty, and then refused to leave the courtroom when directed to do so. (In re McIntyre, 534 F.Supp.2d 641 (E.D. Va. Dist. Ct. 2007).)

What Is Indirect Contempt?

Behavior that may result in indirect (or constructive) contempt doesn't usually happen in court. Instead, indirect contempt typically involves someone deliberately disobeying a court order or judgment outside the court's presence. Outside evidence is needed for proof of indirect contempt.

Examples of Indirect Contempt

Examples of indirect contempt may include:

• willfully not appearing before the court when summoned
• knowingly violating a restraining order
• intentionally filing false documents with the court in a divorce case, or
• threatening one's attorney (an officer of the court) in the courthouse hallway.

Before finding a party guilty of indirect contempt, the judge generally must review evidence to show that the party's actions were willful or intentional.

Criminal Contempt Laws and Penalties

Federal and state statutes provide different tests for criminal contempt. Because the purpose of criminal contempt is punishment, a person facing a criminal contempt charge is generally entitled to similar protections as other criminal defendants. So, whatever the test may be, the government must establish the elements of criminal contempt beyond a reasonable doubt. That said, there may be procedural differences from other cases. For instance, courts may be able to issue both a finding of direct contempt and punishment for it on the spot, without the normal due process protections. (See People v. L.A.S., 111 Ill. 2d 539 (1986).)

State Criminal Contempt Laws

New York's contempt statute provides that courts may punish a person for criminal contempt for acts that include:

• disorderly behavior committed during court that interrupts proceedings
• deliberate disobedience or resistance to a court order or mandate
• unlawful refusal to be sworn as a witness, or
• publication of a false report of the proceedings.

The maximum penalty is up to 30 days of jail time and a $1,000 fine.

(N.Y. Jud. Law §§ 750, 751 (2024); Wheels Amer. N.Y., Ltd. v. Montalvo, 50 A.D.3d 1130 (N.Y. App. Div. 2008).)

Texas sets different penalties based on the type of court the behavior took place in. For a justice or municipal court proceeding, the punishment for contempt can't exceed a $100 fine, three days in jail, or both. Other courts may impose a fine of up to $500 or six months in jail, or both.

(Tex. Gov't Code § 21.002 (2024).)

Federal Contempt Law

Federal law states that federal courts can punish contempt for:

• misbehavior in their presence or near them that obstructs the administration of justice, or
• disobedience or resistance to court orders or commands.

Under appropriate facts, courts look at whether the defendant willfully violated a reasonably specific order. Federal judges have broad discretion in setting the fine or imprisonment.

(18 U.S.C. §§ 401, 402 (2024).)

When to Get Legal Help

If you face civil or criminal contempt proceedings and don't already have legal representation, you may want to contact an attorney to defend your case. An attorney can help you understand what's at stake and protect your rights.