You may be conversant with the phrase 'contempt of court' by watching real-life court proceedings or a courtroom drama. But what exactly does the term mean? California PC 166 provides a general definition of contempt of court as engaging in any disrespectful or defiling conduct to the court process or acting in a way that insults the court’s dignity or authority. Often, contempt of court takes the form of acts or behavior that's considered detrimental to the court's capability to administer justice.
There Are Two Types of Contempt of Court
California contempt of court cases can be classified into two: criminal and civil contempt of court. When you fail to obey a court-issued order that benefits the opposing person (civil court order), you'll be in civil contempt of court. Examples of actions that may lead to you being cited for civil contempt include:
- Failure to produce certain documents to the court.
- Failure to make child support payment despite the court directing you.
- Failure to adhere to the court-ordered child visitation schedule.
- Failing to attend court-ordered parenting classes.
- Failing to appear for a court hearing.
Criminal contempt of court involves committing any offense against the judge or court's dignity or authority or doing any action that disrupts court proceedings. Conduct that can constitute criminal contempt of court include:
- Disrupting court proceedings.
- Refusing to be sworn in as a witness during a trial.
- Behaving disrespectfully during court proceedings, such as belligerent or loud or yelling at a judge/juror.
- Communicating with the jurors.
- Insulting the judge.
- Disobeying a court-issued stay-away, protective, or restraining
- Failing to show up in court whenever required.
- Publishing a false statement of a court proceeding.
- While testifying as an eyewitness, declining to answer questions when there's no legal exception.
- Willfully disobeying the terms of a legal injunction.
- Disobeying any court-issued order.
The distinction between the definition of criminal and civil contempt isn't always definite. A judge has broad discretion on how to categorize certain actions based on given factors. The different factors they consider when deciding whether to hold a contemnor in criminal or civil contempt include the severity of the contemnor's conduct and the nature of the underlying court proceeding (civil or criminal).
Judges also have the power to decide who to hold in contempt of court. Generally, anyone can be subject to contempt charges, including witnesses, attorneys, parties to a proceeding, people around or in a proceeding, jurors, and staff or officers of the court itself.
Criminal and Civil Contempt Are Similar In Some Aspects
One of the similarities between criminal and civil contempt of court is that both may result in criminal and civil proceedings. Another similarity is that both cases may proceed independently of the case the contempt charges arose.
Most people believe that criminal contempt cases involve imposing criminal penalties, whereas civil contempt cases do not. This isn't true. Regardless of its name, a civil contempt charge can result in criminal consequences, such as incarceration and fines, just like a criminal contempt of court case.
The Difference Between Criminal and Civil Contempt of Court
Criminal and civil contempt cases are different in terms of their consequences, the required burden of proof, defenses, presidential pardons, and objectives.
- Presidential pardons— if you've been accused of being in criminal contempt of court, the president may pardon you. This remedy is usually unavailable in cases of civil contempt.
- Due process legal rights— unlike civil contempt, criminal contempt is a criminal offense, so judges decide these kinds of cases in criminal proceedings. Therefore, if you're charged with being in criminal contempt, you're entitled to the due process legal protections availed to a person accused of any other crime. In other words, you have the same legal rights as a person charged with any other criminal offense. For instance, you have the right to an attorney (and for the court to appoint a lawyer for you if you can't afford one) and to be presumed innocent until proven guilty. You also have the legal right to a jury trial and confront your accuser (victim) during the criminal proceedings.
- Defenses— if you face civil contempt charges, you may argue the impossibility defense when you're entirely incapable of complying with the terms of the court-issued order. You can't use this defense if accused of criminal contempt merely because criminal contempt involves an overt act, not a failure to act.
- The required burden of proof— civil contempt case can be proven by the standard of clear, convincing evidence, meaning the proof submitted has to show that it's more likely than not that the defendant was indeed in contempt of court. Criminal contempt of court requires a higher standard of proof where the prosecutor must show beyond any reasonable doubt that the accused was in contempt of court for a conviction to occur.
- Consequences— usually, the punishment imposed in criminal contempt cases is final and can't be lifted merely by promising to correct or not repeat the contemptuous conduct. Conversely, civil contempt can be conditional. In most cases, the judge can lift the imposed penalties and charges upon adherence to the court-issued order. For instance, if you’re detained for concealing evidence in a particular case, you may be set free right after you produce it and apologize to the court.
- Objectives— The penalties that a judge imposes for civil contempt are intended to force the offender to adhere to the issued court order and restore the rights of the wronged person. A civil contempt sanction ends when the case during which the contempt occurred is concluded or when the supposed offender adheres to the court-issued order. On the other hand, the penalties imposed for criminal contempt aim to punish the alleged offender for disrespecting the court’s dignity or authority and deter that kind of behavior. They can remain long after their case is resolved.
This difference can also relate to fines or other imposed penalties. If the fine or penalty was intended to reimburse another person, it's civil contempt. And if it's meant to punish the individual in contempt of court, it is criminal contempt.
Direct vs. indirect Contempt
Contempt can also be classified as indirect or direct. Direct contempt happens when an action occurs inside a courtroom. That is, you commit direct contempt if you commit an act in the judge's presence or close to them. On the other hand, indirect contempt occurs when you commit an action outside of the courtroom. Generally, civil contempt occurs indirectly while criminal contempt occurs directly, although this isn't always the case.
Like it is with other charges that may subject you to penalties, you want to defend the contempt of court charges against you with the assistance of a skilled criminal defense lawyer. Soon after you're informed of your contempt of court charges, seek legal advice and help and start building an effective defense strategy. A solid defense strategy may have your charges reduced or dropped entirely.
Incarceration for contempt of court may start immediately before the contempt charges are adjudicated and the sentence decided. Based on the case and jurisdiction, the same judge who held you in contempt may be the one to preside over your contempt proceedings.
Criminal Contempt of Court Charges
While criminal contempt of court incorporates many actions, the most commonly committed act is violating a court-issued order. A court ruling can be any directive, instructions, or order given by a judge or court, requiring a person to take specific actions or abstain from doing given acts. The order, directive, or instructions can comprise acts outside the courtroom, like the requirement to obey a subpoena and an order concerning courtroom behavior. When a judge orders you to follow a given order, directive, or instructions, you must oblige. Failure to which, you may be held in contempt and subjected to criminal charges.
For the judge to convict you of criminal contempt for disobeying a court-issued order under PC 166, the prosecution has to prove these facts:
- A judge did issue a valid order.
- You were aware the judge had issued the order.
- You had the present capability to obey the terms of the order, but.
- You willfully failed to do so.
As to you knowing a court-issued order existed, the prosecutor must show that you were aware the court had issued a legal order, and you had the chance to read through a copy of the order, even if you didn't do so. Note that anyone can be prosecuted for disobeying a court-issued order, including minors and adults. If you willfully failed to obey a court-issued order, it means you willingly or purposefully did so.
Criminal contempt is a misdemeanor offense. Punishment upon a conviction includes a county jail sentence of six months and a fine not exceeding 1,000 dollars. Based on the facts surrounding your case, the judge may order community service instead of a fine. Note that if charged with contempt of court when you have a pending case, or if you committed another crime while, at the same time, being in contempt, you may be convicted of contempt of court and the other charge.
Even though the standard penalties for criminal contempt are 1,000 dollars in fines and six months in jail, some situations can result in more severe consequences. These situations include when you:
- Possess/own a gun in violation of a court order.
- Violate a restraining order when you have previously been convicted of stalking.
- Disobey the terms of a court-issued domestic violence restraining order.
If any of the above factors apply in your case, you'll still face misdemeanor charges, but you may face a county jail term of one year upon a conviction.
A second, third, or subsequent criminal contempt for violating a court order can be wobbler if the court order was a restraining order and:
- Your current violation happens within seven years of the previous violation.
- The violation entailed violent behavior or credible threats of violence.
- The protective order connected dependent adult or elder abuse, sexual injury upon a minor, and domestic violence.
A wobbler is a crime that the prosecution can charge as a felony or misdemeanor based on the facts of the case and the defendant's criminal history. If convicted of a misdemeanor, you'll be subject to a county jail sentence of one year. If convicted of a felony, the penalties you'll face include 16 months or two or three years in prison.
Fortunately, contempt of court conviction generally doesn't have any adverse immigration repercussions. Some crimes in California result in an alien defendant being labeled inadmissible or deported. Examples are aggravated felonies and crimes that involve moral turpitude. Contempt of court is neither an aggravated felony nor a crime of moral turpitude. Therefore, it won't result in any immigration consequences.
A conviction of contempt of court will also not affect your firearm rights. California statute states that some criminal offenses like felonies will lead to the defendant losing their right to possess or own a firearm. Contempt of court isn't among these offenses.
You Can Defend Yourself
We mentioned that if charged with criminal contempt, the prosecutor has the burden of proving beyond any reasonable doubt that you're guilty. On the other hand, you as the defendant are allowed the same rights as a person facing any other criminal charges, including the right to legal counsel and to be presumed innocent until proven guilty. This means you can reach out to a skilled attorney to help prove your innocence. Common legal defenses your lawyer can argue if charged with contempt include:
- The violation wasn't willful— remember we discussed that if you are accused of contempt of court for violating a court order, you must have willfully violated the order to be convicted. This means if your lawyer can successfully prove that you didn't disobey an order willingly, you may not be found guilty.
- Your conduct wasn't disorderly— contempt of court law outlines specific acts that constitute disorderly behaviors. This means your lawyer may be able to prove your innocence by arguing that your conduct didn't rise to the level of being disorderly.
- False accusations— wrongful accusations are common under contempt of court law. This is particularly true in violating an order matter when a relationship has taken a wrong turn and one of the parties wants revenge. You shouldn’t be convicted if your lawyer shows that the victim unjustly blamed you.
Note that you want to fight to avoid a guilty verdict for contempt of court because a conviction will appear on your criminal record, and anyone will be able to see it if they conduct a criminal background check on you. However, even if you've been found guilty, you can have your conviction record expunged, so it doesn't appear on background checks.
You are allowed to delete your conviction record if you successfully serve your jail sentence or comply with every probation condition, whichever applies. Apart from your conviction not appearing on background checks, an expungement also removes many challenges associated with a guilty verdict, like being unable to rent an apartment.
Contempt of Court May Affect Your Underlying Case
If you've been charged with contempt of court and have a pending case, it means you will face two separate charges. For instance, if you're on trial for a drug crime and are accused of contempt of court, you'll now be facing a drug crime charge and contempt of court charge. Even if you're eventually found innocent of the drug crime, you'll still face penalties for criminal contempt.
Contempt of court may have a slight effect on your underlying charges. For instance, if you've been charged with DUI and are out on bail with various conditions like IID installation, contempt of court charges for failing to appear in court may result in the judge finding another way to enforce the conditions. This means they may impose more restrictive conditions like the requirement to wear a Secure Continuous Remote Alcohol Monitor (SCRAM) or remain under house arrest with electronic monitoring.
Contempt of court may also see you facing more consequences than what your underlying charges carry. For instance, if the judge decides to impose a fine for contempt of court, you may have to pay the fine in addition to what the judge will impose for your underlying case if found guilty.
Contact a Van Nuys Criminal Defense Attorney Near Me
If you've been accused of being in contempt of court, work with a skilled defense attorney to build a compelling defense strategy for your case. If your court order wasn't criminal law-related, the attorney who handled your past case might not possess the expertise to help you effectively defend against the charges you face.
This means you have to seek help from a criminal law lawyer. At Leah Legal, we handle all kinds of criminal cases, including criminal contempt. We will listen to your side of the story and help you fight to prove your innocence and clear your name. Call us today at 818-484-1100 if you've been charged in Van Nuys, CA, to schedule a free initial consultation with one of our expert attorneys.