Television and film courtrooms often showcase scenes of heart-pounding action and unrestrained emotion that could make courtrooms seem less than the serious judicial proceedings they are. Some of these dramatic scenes in the courtrooms usually involve several kinds of contempt of court. Within the courtroom, contempt might encompass a range of defiant behavior. It could include disobedience of court orders, like failing to observe a protection order or failing to make child support payments.

You might be held in contempt of court when you disregard or refuse to follow a court order. When the court approves of this, you could face penalties such as fines or possible jail time. In this blog, we'll look at the meaning of contempt, what it entails as well as the consequences of being accused of contempt of court.

What is Contempt of Court?

Contempt of court, which is commonly referred to as "contempt," is defined as the defiance of a court order. Contempt could also be defined as behavior that is capable of jeopardizing a proper hearing or interfering with the execution of judicial authority. It also includes behavior that obstructs or impedes the proper dispensation of justice. It assists in the maintenance of order and seeks to safeguard the judiciary's jurisdiction.

You can be accused of contempt as per the Federal Rules of Civil Procedure (FRCP) Rule 70 if you fail to execute a particular act in compliance with a judge's order. The aim of acknowledging contempt is usually to protect the courts' integrity as well as the unobstructed dispensation of justice.

The Difference between Civil and Criminal Contempt

If a judge believes someone is inappropriately disregarding the court's sovereignty, the defiant offender (known as a contemnor) can be held in contempt of court. Civil and criminal contempt are the two main categories of contempt.

Civil Contempt

The Contempt of Court Act defines civil contempt as deliberate defiance to a court's judgment, order, decree, as well as other proceedings, or willful violation of a pledge submitted to a judge. The word "willful" refers to doing a voluntary act that is prohibited by law or a failure to execute something that the law compels an individual to perform.

Whenever a contemnor intentionally refuses to obey an order by the court, he or she is held in civil contempt. It is also known as indirect contempt since it happens outside of the judge's direct jurisdiction, and proof of the contempt has to be shown to the court.

A civil contempt attracts both fines and jail terms. The fine or imprisonment is intended to compel the defiant offender to obey the court rather than to mete out punishment to him or her, and the offender will be freed from jail when they obey the order from the court. Civil contempt in family law is one method by which the court can enforce orders such as alimony, custody, visitation, and child support orders that have been disobeyed.

Its objective is to persuade a person to comply with a court order or judgment issued against him or her. It is mostly personal, and also it is made for the advantage of the person who is granted the order. The following are some examples of civil contempt:

  • Failure to make child support payments
  • Violation of a court-issued stay away mandate
  • Failure to appear in court for your court hearing;
  • Failure to take parental classes as required by the court
  • Failing to adhere to the court-ordered visitation schedules for the child
  • Withholding visitation rights

Criminal Contempt

Criminal contempt is defined as conduct that disobeys, demeans, challenges, or discredits the court's jurisdiction, authenticity, or integrity.

When a contemnor hinders the court's power to function effectively, it is considered criminal contempt. An example includes hurling insults at a judge — since it happens in the presence of the court, it's also referred to as direct contempt. The contemnor could be fined, imprisoned, or penalized with both.

Under Penal Code 166, you will be charged with a misdemeanor for:

  • Violation of an order of the court
  • During a judicial process, refusal to pledge oneself as a witness and failing to answer critical and vital questions
  • Violation of a restraining order in domestic abuse cases
  • Use unruly, disrespectful, or impolite behavior to disrupt a court procedure in front of the judge
  • Use unruly, or disrespectful behavior to disrupt a trial or proceeding conducted by a judge
  • Making a lot of noises or otherwise disrupting the calm in a way that interferes with court hearings
  • Intentional defiance of a California state or out-of-state court order's written provisions
  • Deliberate defiance of a legally valid court order
  • Publishing a court report that is grossly erroneous or fraudulent
  • Making unlawful aggravation remarks to a presiding judge
  • Willful disobedience of an order to a gang injunction

Other Specified Acts of Contempt

In Los Angeles, contempt can arise in a variety of situations. It's not very common for it to be prosecuted. As stated before, it's often a judge who is upset with someone's conduct in the court whereby the judge is presiding over a criminal proceeding. A contempt case can arise in a variety of methods, and this doesn't have to be confined to a single defendant. There are a variety of instances that a contempt situation can arise under California PC 166. This could be people in the audience, the attorney, or someone disregarding a court order.

Disrespectful and Rude Behavior

When an offender is impolite and rude, rants and curses at the judge, or doesn't do what they are required to do, the offender could be held in contempt of court, charged, imprisoned, fined, or any number of other things. However, most cases of contempt involve some form of rude, belligerent, or wild behavior in which the offender is just not obeying court rules, or is out of the court's control, and it makes the judge exercise control over them to keep the court procedures on track.

Uncooperative Witnesses

When witnesses refuse to abide by the rules, refuse to testify, pay no attention to what the court is stating, refuse to accept the court's order or directives, or decline to turn up, they could be found to be in contempt and charged under PC 166.

Attorneys Who Do Not Adhere to the Court Rules

Attorneys could also be held in contempt. Attorneys could sometimes cross the line. When they are not willing to adhere to the court rules, follow the court's orders, lie or do something that is against the law, they may be charged with obstruction of justice. They can be filed, or may even be imprisoned. A lawyer could be held in contempt of court if they refuse to assist with the judicial proceedings and do not behave themselves as competent attorneys.

Contempt of Court Penalties

A breach of Penal Code 166 is usually classified as a misdemeanor. Criminal contempt charges could result in a maximum of 6 months in county jail and fines of up to $1,000. Instead of paying the fine, you might be mandated to undertake community service.

However, particular circumstances result in more severe sanctions. Some examples are when the offender:

  • Violates the provisions of a restraining order for domestic violence
  • If he or she has a previous stalking charge, and he or she breaches a protective order
  • Infringes a judge's order by owning or possessing a firearm

In the instances mentioned above, the offense remains a misdemeanor charge — however, it carries a maximum sentence of one year in jail.

A Felony Violation of a Court Order Under Penal Code 166(c) (4)

A felony or misdemeanor charge could be filed for a 2nd or consecutive restraining order breach if:

  • The previous offense occurred during the last seven years, and
  • A violent act or a genuine risk of violence was included in the violation, and
  • The protection order was connected to domestic or family violence, or sexual violence against a child

The penalties for a misdemeanor include a maximum of 1-year jail term.

The penalties for a felony include:

  • Sixteen months in California state prison
  • Two years in California state prison
  • Three years in the California state prison

What Due Process Rights Do You Have When Being Charged with Contempt?

The family court system provides the same rights as the criminal court system. Let's take a look at some of the rights and safeguards:

  • You are entitled to official notification of the charges leveled against you

This involves a formal hearing of the accusations — however, this is usually handled when you as the accused person are personally issued with a contempt citation by the Order to Show Cause.

  • You are entitled to legal representation

If you are impoverished, which is uncommon in a family court matter, the court should assign an attorney for you at the expense of the county. Since impoverished status is uncommon in California family court procedures, this could be a compelling topic. Furthermore, if a partner or the other parent is poor, it's even more probable that he/she will be unable to comply with the court directive if the non-compliance is related to money.

  • You are entitled to a court hearing on the issue and you have the entitlement to testify if you so desire

Consequences of Contempt of Court and How It Affects Your Case

Based on the offense, contempt penalties might include compensatory visitation for non-custodial parents, a change in custody arrangements, fines, and, in certain cases, jail sentences.

When you have been held in contempt, the judge will usually give you the chance to make atonement for your actions. For failure to adhere to the visitation plan, you could be mandated to repay overdue support payments or allow the other party to also have extra parenting time. When those make-up obligations are completed, the judge is highly unlikely to impose any more penalties because the whole point of the contempt proceeding is to get you to comply.

A judge can amend a custody arrangement if a problem persists, like withholding visitation. The court typically only changes a custody agreement when the petition to amend is filed alongside the contempt proceeding.

The punishment for contempt could also include incarceration, but this is uncommon. The actual purpose of civil contempt is to compel compliance instead of punishing with imprisonment. More often than not, a threat of time behind bars would be enough to persuade the offender to obey the order, and no further penalties are necessary.

Another example is when a parent refuses to complete timely child support payments or ceases to fulfill their financial commitments to a former partner as per a custody arrangement, the judge may begin garnishing their earnings to guarantee they satisfy their support or spousal obligations. Wage garnishment refers to the automated remittance of a percentage of every non-compliant partner's income to the receiver. It is also conceivable for the courts to confiscate bank accounts as well as other property in order to resolve noncompliance.

If the contempt matter is more severe, the parent could be sentenced to prison. Trying to abduct a child to hinder the other spouse from executing custody or visitation rights, for instance, could easily result in incarceration.

Similarly, if someone is obligated by the family court ruling for domestic abuse and breaks a "no contact" rule, they will almost certainly face jail time, fines, as well as other consequences. If a custodial parent has been charged with contempt for interfering with his or her partner's capacity to execute custodial rights, the court could change the parents' custodial arrangements, granting more custody to one parent or placing additional limitations on the offending spouse.

Other consequences of criminal contempt may include:

  • Probation
  • Consequences with your professional license
  • Immigration consequences for non-citizens
  • Lose parental rights in a family court

In the end, risking custodial status in contempt of court action is rarely worth it. Nonetheless, if you have been required to follow the conditions of a family court ruling but are unable to comply, or if you think the conditions are unreasonable, it is critical to resolve the matter through the correct channels rather than risk having to face contempt of court.

Purging the Contempt

Purging the contempt means to undo the contemptuous act by apologizing then agreeing to obey the court's initial order, as well as other new orders that lower the likelihood of the defendant's non-compliance with what the court has ordered in the future. This is particularly often in family court proceedings, where imprisoning the accused will cause damage to the individual who was the subject of the court's initial order.

What are the Possible Legal Defenses to Criminal Contempt in California

You could raise several defenses to refute the contempt of court charges. You could argue that the prosecution failed to establish each component of the offense beyond a shadow of a doubt. When you establish this defense, you can not be found guilty.

You may alternatively claim that you did not knowingly (deliberately) breach the judge's order or participate in disorderly conduct.

Criminal contempt also has several other defenses. You could claim that you were or are ready to obey the court order, however, you are or were not able to do so. You have not violated any laws if you are unable to comply.

If you lack the mental capacity to comply, you are deemed "unable." If actual physical conformity is unachievable, you will be unable to be compliant. This could happen if you are physically disabled, or if the defendant is in a coma.

The provisions of a court's order may be vague in some cases. You could claim ambiguity as an argument to the accusation of criminal contempt when the conditions are unclear. Ambiguous phrases are those in which the order does not specify what the offender must do.

When a family court judge directs an accused that he or she should "be civil" to a specific member of the family or "make attempts to find work," the defendant could claim that the terms "be civil" and "make efforts" were too ambiguous to be enforced.

Vagueness is also a popular defense against committing a crime generally. Only actions that are "on the books" can be penalized as crimes. This guarantees that offenders are aware of which activities and behaviors are permissible and which are not. As a component of due process, rules and regulations must be phrased clearly enough to inform an accused of what particular act is illegal. The right to legal due process will be violated when a defendant is punished for breaking a vague or unclear order.

Find a Los Angeles Criminal Defense Attorney Near Me

If you have a charge in Los Angeles for contempt of court, we at the Los Angeles Criminal Attorney are here to vigorously defend your rights. Our team of expert attorneys is always available to address your concerns and explain your legal options to you. Call us at 424-333-0943 today to speak to one of our attorneys or schedule an appointment.