Contempt of court, often known as "contempt," is simply defined as the defiance of a court's order. According to the violation, penalties for contempt of court carry both criminal and civil fines, however, and they could be pretty serious in certain situations. Contempt of court is prevalent in divorce proceedings. However, before going over how contempt of court can affect your case, it's essential to first have an understanding of what contempt is. Contact the California Lawyer Group to understand more about contempt of court.

Understanding Contempt of Court

Contempt of court could include several defiant acts against the court’s authority, for example, causing disturbances during a court session, refusing to swear in as a witness, and willfully defying an order of the court. The most typical type of contempt of court under California PC 166 is associated with intentional violations of court orders, such as on matters of domestic violence, restraining orders, or stay-away orders.

PC 166 does not apply to breaches of a probation requirement that could also be considered intentional violations of court orders. In a violation of probation hearing, this type of infraction would be addressed independently. It's also worth noting that PC 166 is quite similar to California PC 273.6, which forbids disobeying a restraining order. The main difference between these two laws is that Penal Code 166 also applies to contemptuous acts in court.

In San Jose, an instance of contempt as per PC 166 is a scenario in which a husband is accused of abusing his wife, which is a contravention of California PC 243 (e). The judge may order him to stay far from his wife and also have no communication with her while the criminal proceedings are ongoing in court. He, however, begins texting her messages of remorse and strives to mend their marriage. In this case, the husband could be charged with contempt of court for intentionally breaching the court's stay-away order.

Contempt of court is usually a misdemeanor penalized by a maximum of 6 months in County jail as well as fines that could amount to $1,000, however, there could be some aggravating elements of contempt that may lead to more severe legal penalties.

Legal Definition of Contempt

Contempt of court is defined as follows in California PC 166:

Any person can be found in contempt of court if they commit any one of the following offenses:

  • Disruptive or disrespectful behavior done during the hearing and actual presence of the court, with the intent to obstruct the court's procedures or undermine the power of a court
  • A violation of the order of the court with noise, or any other form of disruption intended to obstruct the court's proceedings
  • Intentional defiance of the provisions of an order of the court that has been issued under the law
  • The unconstitutional refusal of someone to swear in as a court witness, or his or her refusal to give answers to material questions after being sworn in

To be charged with contempt of court for breaking a court order, the prosecution must be capable of proving specified facts called "elements of the offense" beyond a shadow of a doubt. The following are some of the elements:

  • A legal written order was issued by the court
  • You were aware of that written order
  • You were capable of following the written instructions
  • You intentionally disobeyed the court's order
  • There is no legitimate justification for the violation

You can't be found guilty of disobeying a court order when the state can't show each one of these requirements. It could be challenging for the prosecutors to establish that you were aware of the court's order as well as its provisions in some situations. Any order from the court that forces you to behave in a certain way must've been presented to you, and offered the chance to read and examine it.

In the scope of Penal Code 166, it's crucial to understand what a "lawfully written order" means. You can not be found guilty of contempt of court when the court's order was invalid or exceeded the court's authority. It should also be established that you were aware of the directive and behaved in a way that was explicitly prohibited.

The final aspect of the offense is the "willful" breach of the court's order, which might be the most difficult to prove. intentional defiance is required for a charge of contempt of court. This shows you were aware of it and intentionally disobey it. Let's assume you were ordered by the judge to make no contact with your spouse and to keep away from him or her following a domestic violence case. You, on the other hand, drive up to his or her home to attempt to talk to him or her.

Because you were explicitly instructed not to communicate  with her, however, you willingly chose to do so, this action would be classified as "willful." On the other hand, you will not be regarded as having willfully violated the judge's order when you just happened to bump into him or her at the mall by coincidence and made no effort to communicate.

Civil vs Criminal Contempt of Court

When confronted with an ex-spouse who refuses to obey a judge's order, you could choose to file a petition for contempt of court. If you're the one filing or the one receiving the contempt petition, you might be wondering what the distinction is between criminal and civil contempt.

A failure to obey an order of the court is referred to as contempt. Contempt was established to "guard the court's sovereignty against individuals who disdain its integrity and power or defy its commands," as well as to "defend a person's rights who are owed some action and/or compensation by the rebellious defendant."

Furthermore, there are two types of contempt: criminal and civil, each with its own set of characteristics that are only relevant in certain circumstances. As a result, it's critical to understand the differences between these two and implement appropriate contempt to your situation.

First and foremost, the commonalities between the two must be noted. Both civil and criminal contempt may be divided into two categories: indirect and direct contempt. When contempt takes place in the court's presence, it is known as direct contempt. This could involve a defendant raising an issue during testimony when the court has already ruled it as inappropriate, or repeatedly disrupting court hearings. Indirect contempt happens out of the courtroom.

These procedures are more widespread since they usually occur when one party fails to make child maintenance payments or alimony on time.  Additionally, criminal and civil contempt, regardless of whether it is indirect or direct, could result in a fine, incarceration, or punishment according to the law.

There are, nevertheless, significant distinctions between criminal and civil contempt. To begin with, the objectives of each differ. The court uses civil contempt to try to persuade the rebellious defendant to comply. The goal of criminal contempt is usually to penalize those who are defiant.

The procedures used by the two are also different. The process commences with the filing of a petition that includes a record of the legitimate court's order as well as the purported lack of compliance. The petition will be delivered to the person accused of contempt, in addition to the time and date of the court hearing, and a clause saying that refusal to present themselves at the court hearing could lead to their arrest or maybe a judgment on the petition.

The court then examines if the party has refused to fulfill support payments and whether the violation was purposeful or whether there were inherent grounds for their inability to fulfill the responsibilities during the hearing. In addition, if the defendant refuses to attend, the court could mandate imprisonment with the possibility to purge. Civil contempt is distinctive in that it permits the offender to absolve themselves of the contempt charge, allowing them to prevent additional penalties.

If you are found to be in civil contempt, the judge will make clear conclusions about the validity of a legitimate court order, your lack of compliance, and your ability to satisfy the duties required. The judge could then levy fines including imprisonment, compensation of the other party's attorney costs and expenses, damages, or the formation of a different payment system.

A court may file an indirect criminal contempt petition, or it could be founded on a person's affidavit. Criminal contempt proceedings are distinguished by the requirement that the offender is granted the chance to "demonstrate cause" or show a reason why they shouldn't be found held in criminal contempt.

However, unlike civil contempt, there's no purging that allows the defendant to evade penalties or sentencing. You can't evade any penalty or sanction imposed by the court after being convicted of criminal contempt.

Whether you want to submit a Petition for Contempt or you've been issued with one, call an expert criminal defense attorney to oversee your matter and explain your choices, and also the different sorts of contempt of court you could be facing.

Orders that are Executable By Contempt of Court

The following are court orders that are enforceable by contempt of court:

Support Orders

Support orders are instructions that deal with the support of children, spouses, and families. They are mandated by law, centered on a legal responsibility resulting from marriage and parenthood.

Visitation and Child Custody Orders

The judge could be able to use its contempt authority against any parent who compromises the other parent's visitation rights ordered by the court without justification.

Orders for Attorney Fees and Costs

Criminal defense attorney fees are recoverable by contempt when they are considered a law-imposed responsibility, and they are established on a need-basis.

Orders for Property Division

A partner who fails to yield to a specific piece of real estate or turn over a share of a certain sum of cash under a division of a community property order faces contempt charges.

Family Court Protective Orders and  Restraining Orders

The court could use its contempt authority to assert compliance with lawful protection orders as well as restraining orders imposed in domestic affairs cases.

Failure to Follow "Declaration of Disclosure" Rules

In marital dissolution procedures, a partner who has fulfilled legal "declaration of disclosure" obligations has several legal options against his or her partner who has not.

Obligations Under a Marital Settlement Agreement Not Included in the Judgment

If a ruling or a marriage settlement agreement is not followed, only the duties imposed or included in the ruling or settlement are actionable. The requirements must be specified in the decision so that they can be enforced through contempt.

Contempt of Court Consequences and How It Affects Your Case

Contempt of court penalties often includes compensatory visitation, fines, a revision of the custodial agreement, and in certain cases, even prison time, based on the violation. A breach of California PC 166 contempt of court statutes is often treated as a misdemeanor, punishable by up to six months in County jail and fines of a maximum of $1,000. Certain types of violations, however, will result in harsher sanctions.

A breach of a restraining or court-ordered stay-away order, for instance, can result in one year in county jail. If there are any additional infractions, the case becomes a "wobbler," which means the prosecution can prosecute the case as either a felony or misdemeanor. A felony charge in California can result in up to three years in jail and also a fine of up to $10,000.

If you disobeyed a court order following your conviction of stalking under California PC 646.9 or deterring a court witness as per California PC 136.1, you face even harsher legal consequences.

Finally, as previously said, breaking a restraining order according to California PC 273.6 is a comparable offense, however, Penal Code 166 is a larger provision that covers any disobedience of a court's order and any act regarded as contempt of court.

Only the infringement of protection orders is covered under PC 273.6, and the prosecution will decide how to prosecute you criminally.

When somebody is found in contempt of court, the judge will usually grant them the chance to make atonement for their actions. For failure to adhere to a visitation plan could involve repaying overdue child maintenance payments or allowing the other spouse to have extended parenting time.

If such make-up obligations are completed, the court will be unlikely to impose any more contempt of court penalties because the whole point of a contempt proceeding is to get people to comply.

The court can amend a custodial arrangement if the problem persists, like withholding visitation rights. The court will typically only change a custody agreement if a petition to amend is filed alongside the contempt proceedings.

If a parent fails to make prompt child support and alimony or fails to fulfill their duties to an ex-partner according to the custody agreement, the court can levy their wages to ensure they meet their obligations.

When the contempt case is more serious, the parent might face prison time. Attempting to kidnap a child in order to prevent the other party from exercising parenting or visiting rights, for example, could lead to incarceration.

As seen above, the punishment for contempt could sometimes include incarceration, but this is uncommon. The initial aim of civil contempt is to compel conformity instead of penalizing with imprisonment. More often than not, the threat of prison time would be enough to persuade the offender to fulfill the court order, and no further punishments are required.

In some jurisdictions, contempt of court penalties might involve further damages, as judges may impose sanctions to meet the expenses of the contempt proceeding.

Fighting Contempt of Court Charges

If you've been charged with contempt of court for violating California PC 166, your criminal defense lawyer can help you get the best possible result.  d The following are the most popular defenses you could use to fight the charges:

No Intent

Your defense attorney could be able to establish that there had been no conscious intent to breach the court's order. Maybe you didn't show up in court since you misread your court date. Maybe you met your partner by accident while you were instructed not to make any contact with them.

It's important to understand the difference between an honest error and an intentional disregard of an order of the court.

There was No Knowledge

If you were unaware of a court's order, you could be found guilty of willfully violating it. Hopefully, your attorney could prove that you were merely unaware of the order.  Perhaps it was sent to an incorrect address or maybe you were not adequately informed of your court date hearing.

You have a high possibility of averting charges if the attorneys can prove that you were reasonably uninformed of the court order's existence.

A False Accusation

It's fairly common for somebody to be accused falsely, particularly when their relationship has deteriorated. Perhaps the victim of a domestic violence order of protection is seeking vengeance and has wrongfully brought up charges against you for breaking the stay-away court's order.

Is It Possible to Get Your Conviction Expunged?

If you are charged with contempt, you may be eligible for an expungement. When a convicted person satisfactorily completes the following steps, he or she will be granted an expungement.

  • Every probationary condition, or
  • His or her sentence to prison

It's worth noting that the expungement eliminates most of the negative consequences of a conviction.

Find a San Jose Criminal Defense Attorney Near Me

Despite the reasons for your charges, you'll need competent legal counsel. At the California Criminal Lawyer Group, we can offer you the best counsel to fight the charges against you. Call us today at 408-622-0204 to speak to one of our skilled attorneys.