Contempt of court is a legal term that refers to behavior that disrespects, disobeys, or challenges the authority, justice, and dignity of the court. It is generally considered a serious, if nebulous offense.
In this article, we’ll go over the different types of contempt of court charges, the difference between criminal and civil contempt, and when contempt charges may be overblown.
Apple Valley Contempt of Court Criminal Defense Attorney
While most contempt of court charges stem from real “contempt actions” like swearing, being disrespectful in court or ignoring court orders, some charges may be the result of inflated egos or misunderstanding on the part of the judge or defendant.
If you or a loved one have been charged with contempt of court, for any reason, contact the expert criminal defense attorneys at The Law Office of James Blumberg. Attorney Blumberg has decades of experience as a lawyer and understands the many nuances of the legal process.
Call (952) 431-7758 to schedule a free consultation today. James Blumberg Law works with clients throughout Dakota County, including Burnsville, Eagan, Hastings, Inver Grove Heights, Lakeville, Mendota Heights and Rosemount, as well as anywhere in the Twin Cities region, including Hennepin County, Ramsey County and Anoka County.
Information Center
- What Is Contempt of Court?
- Penalties for Contempt of Court
- Common Defenses for Contempt of Court
- Additional Resources
- Hire a Dakota County Contempt of Court Defense Attorney
What Is Contempt of Court?
Contempt of court generally falls into two categories: civil contempt and criminal contempt.
- Civil Contempt occurs when a person fails to comply with a court order, such as refusing to pay court-ordered child support, not adhering to custody arrangements, or ignoring a subpoena. The primary purpose of civil contempt is to compel the individual to comply with the court’s order. For example, a person may be jailed until they fulfill the court’s requirement, such as making a payment or producing documents. Criminal contempt is usually filed by one of the involved parties.
- Criminal Contempt involves actions that disrespect or obstruct the court’s authority or proceedings. Examples include shouting or being disruptive during a trial, threatening a judge, or refusing to testify after being sworn in. Criminal contempt is punitive, meaning it is intended to punish the offending behavior, and it can result in fines, jail time, or both. Criminal contempt is filed by the judge.
Legal Consequences of Contempt of Court
The penalties for contempt of court can vary widely based on the nature and severity of the contemptuous behavior, and whether the charge is for criminal or civil contempt of court.
Criminal contempt of court is punishable by:
- Fine of up to $250 and/or;
- Imprisonment of up to 6 months in jail
For civil contempt of court, you may be required to take Remedial Actions. These include specific actions to rectify the situation, such as making payments, adhering to court orders, or issuing an apology.
Defenses for Contempt of Court
While there are many valid reasons for a judge to assign a criminal charge for contempt of court, there are also many reasons why a person may be unfairly or unknowingly placed in contempt of court.
- Lack of Knowledge or Misunderstanding – One of the most common reasons for contempt of court is failing to appear for a court-ordered event like a hearing, deposition or trial (“skipping trial”). While this is often deliberate, it is possible for the court to fail to inform you appropriately, or for you to be unable to make the date for whatever reason. In these cases, you may be unfairly charged with contempt of court and wake up with an arrest charge the next day. A good defense attorney will point out this failure in communication and appeal the charge.
- Inability to Comply – If you have been assigned a fine as part of a prior sentence, you might not be able to pay it. In this case, you may be charged with contempt of court and will need to work with the court to find a way to finance this financial hardship.
- Inappropriate Order – In some cases, the presiding judge may be aggressive or unfairly critical of the defense. There are times when the judge may charge the defense with contempt of court for no other reason than having a bad day. These cases are trickier, but an experienced defense attorney can help you appeal these charges.
Additional Resources
Response Forms – If you’ve been charged with contempt of court, you need to respond in a specific manner. The best practice is to have an attorney review your situation and respond on your behalf. Look over the different forms that are associated with contempt of court to better understand what may happen if you are charged.
Burns v. City of Apple Valley – Read a contempt of court case to understand some of the arguments that go into defending against these types of charges.
Hire a Dakota County Contempt of Court Defense Attorney
Contempt of court charges are serious and can dramatically increase the legal challenges you face. Each case is unique, and an attorney can tailor their strategy to your specific circumstances to achieve the best possible outcome.
If you or someone you know is facing a contempt of court charge, do not hesitate to seek professional legal assistance. The sooner you act, the better your chances of securing a favorable result.
Facing criminal charges can be stressful, but you can rely on Apple Valley criminal defense lawyer James Blumberg to help you understand the charges you face and assist you in building a strong defense against them.
Call James Blumberg Law at (952) 431-7758 to schedule a free initial consultation to discuss your charges. We also accept clients in Carver County, Dodge County, Olmsted County, Rice County, Scott County, Sibley County, and Steele County.