Contempt of Court
Contempt proceedings are somewhat unique. A contempt charge is like a criminal charge, except the prosecutor is a party (or their lawyer) to your case, rather than a state-paid attorney. The goal of an indirect contempt, or civil contempt, proceeding is to motivate the person charged with contempt to comply with a court order: pay the owed child support or alimony, refinance or pay off a debt, or follow a child custody order.
Because even a civil contempt charge carries potential jail time, some constitutional protections apply to the individual accused of contempt. The accused must be informed of their rights and the charge against them, and may even be entitled to court-appointed counsel if they are determined to be indigent. In some states, such as Oklahoma, the accused has the right to trial by jury.
A contempt case begins when someone files a charging document, usually called a motion for contempt or an application for citation for indirect contempt of court, specifically setting out the allegations against the party charged with contempt. The contempt application will claim that the accused has violated a specific court order. The person filing the contempt application will submit a proposed order, such as an order to show cause or a citation for contempt for the court to review and sign. The citation will generally summarize the allegations, set the date, time and place for a court appearance, and it may include a warning that failure to appear could result in a bench warrant. The person charged with contempt must be served with the application and the citation.
Even though in some circumstances it may seem obvious that a court order was not followed, at trial, the accuser, or the person who filed the contempt application, will have the burden of proof to show that the accused is guilty of indirect contempt of court. In many trials, the most significant element at issue is that of "willfulness," meaning either:
the party charged with contempt could have complied with the court order but did not,
circumstances beyond either party’s control made compliance not possible, or
the noncompliant party did not intend to violate the order.
Willfulness, or the lack thereof, is often demonstrated through circumstantial and comparative evidence, as opposed to an outright admission, "I meant to violate the order!" or a denial. For example, if the contempt charge relates to paying support, willfulness may be demonstrated by showing that the person who was supposed to pay instead took a lavish vacation or made discretionary purchases while not paying what they were ordered to pay. If contempt is proven, the guilty party may go to jail, be ordered to pay a fine, and even be ordered to pay the attorney fees of the opposing party.
A motion or an application for contempt of court is an accusation, not a conclusive determination of guilt. Neither side, the prosecution nor the defense, should take anything for granted. The accuser has a high burden of proof, and the accused has significant risk of jail time and increased expenses.
A contempt charge is a very serious matter and should not be taken lightly, as the accuser has a high burden of proof and the accused faces potential jail time.
