Many parties become involved in court proceedings to resolve an on-going dispute and to find a solution. In doing so, the Court will hand down instructions and orders to the respective parties of the dispute. But what happens when a party violates an order or disrespects the Court? If a party is found to be disobeying an order or disrespecting the Court, the party can be found in contempt. Contempt can be understood as an act of disobeying a Court’s authority that undermines the Court’s ability to enforce justice.
The Two Kinds of Contempt
There are two kinds of contempt: direct contempt and indirect contempt.
Direct contempt involves an act of disobedience in the presence of the Court. For example, an act of direct contempt may involve a party shouting at the opposing party or the judge during a hearing.
Indirect contempt, on the other hand, involves an act of disobedience that occurs outside or away from the Court. For example, an act of indirect contempt can be a party failing to pay child support despite being ordered to do so by the Court.
Powers of the Court if Contempt is Found
If a party is found in contempt, the Court has a wide array of discretion in determining what penalty or sanction to impose. These sanctions can range from paying fines to imprisonment depending on the severity of the contempt committed. The Court may order the contemptuous party to compensate the aggrieved party for losses and damages arising from the contemptuous party’s actions.
In addressing contempt, the Court orders such sanctions to rectify the damage done to the aggrieved party and to enforce compliance with the Courts authority. The Court has authority to impose powers that are both coercive and remedial in nature. Thus, in addressing contempt, the Court may seek to impose a sanction that coerces a party’s behavior and compensate a party for the harm suffered by the contemptuous party.
If you or someone you know has questions regarding contempt related to your family law case, consulting with a family law attorney regarding your options can be helpful. The experienced family law attorneys at Banks & Brower, LLC can help guide your questions regarding contempt. Give us a call at (317) 526-4630 or email info@banksbrower.com to help navigate your case.