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CONTEMPT OF COURT
CONTEMPT OF COURT
DEFINITION:
An act of deliberate disobedience
or disregard for the laws,
regulations, or decorum of
a public authority, such as
a court or legislative body.
http://legal-dictionary.thefreedictionary.com
/Contempt+of+Court
CIVIL
WHAT HAPPENS?
CRIMINAL
WHAT ABOUT DUE PROCESS?
INDIRECT CONTEMPT:
DIRECT CONTEMPT:
occurs OUTSIDE the presence of the court
Direct Contempt occurs in the presence of the courtroom.
- Non-compliance to court orders
- Against a person or parties
- Motion of Contempt needs to be filed
- Failure to pay support (child, alimony, etc)
- Remedial sanctions
- Usually given warnings
- Fined
- Imprisonment
- REMEDIAL SANCTIONS- looking for compliance.
- PUNITIVE SANCTIONS- punishment
- 6 months maximum unless there is a jury trial.
- Shouting
- refusing to answer questions under oath
- attempting to bribe a DA
- communicating to jurors when prohibited
- withholding evidence
- not following court orders
- Insults the dignity of the court
- Impairs the function of the court
- Offense to society
- Disruptive in court
- Right to a jury trial
- Punitive sanctions
- Civil or Criminal cases
WHAT DO YOU THINK?
DEFENSES:
References:
http://www.brettwmartin.com/contempt-of-court-in-colorado
http://legal-dictionary.thefreedictionary.com/Contempt+of+Court
- court doesn't have jurisdiction
- violation did not occur
- unable to obey order through no fault of your own
- order is unclear
- no knowledge of the order
http://dictionary.law.com/Default.aspx?selected=325
http://www.washingtonlawhelp.org/resource/contempt-of-court-in-a-family-law-case-the-ba#i
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