Legal Definitions - civil contempt

Civil contempt refers to a court's power to enforce compliance with its orders by imposing penalties, such as fines or imprisonment, until the individual or entity obeys the court's directive. Unlike criminal contempt, which aims to punish past disobedience and uphold the dignity of the court, civil contempt is forward-looking and coercive. The person found in civil contempt essentially "holds the keys to their own jail cell" because they can end the penalty by complying with the original court order.

Here are some examples to illustrate civil contempt:

• Example 1: Child Support Order

  A court orders David to pay $500 per month in child support to his ex-spouse, Sarah. After several months, David stops making payments. Sarah files a motion with the court, and the judge finds David in civil contempt for failing to comply with the child support order. The judge orders David to be jailed until he pays the overdue amount or makes a substantial payment plan arrangement. David can secure his release by paying the back child support, demonstrating that the purpose of the jail time is to compel his compliance, not to punish him for past non-payment.

• Example 2: Business Injunction

  A small business, "Green Gardens," obtains a court injunction preventing a competitor, "Eco-Landscapes," from using a specific patented landscaping design. Despite the injunction, Eco-Landscapes continues to use the design. Green Gardens brings this to the court's attention, and the judge finds Eco-Landscapes in civil contempt. The court imposes a daily fine of $1,000 on Eco-Landscapes for every day they continue to use the design. The fines will cease as soon as Eco-Landscapes stops using the design, illustrating the coercive nature of civil contempt aimed at forcing compliance with the injunction.

• Example 3: Discovery Order in a Lawsuit

  During a personal injury lawsuit, the plaintiff's attorney requests specific medical records from the defendant, Dr. Emily Chen, as part of the discovery process. The court issues an order compelling Dr. Chen to produce these records by a certain date. Dr. Chen repeatedly fails to provide the documents without a valid legal reason. The plaintiff's attorney asks the court to intervene, and the judge finds Dr. Chen in civil contempt, ordering her to pay the plaintiff's legal fees incurred due to her non-compliance and warning of further sanctions, including potential imprisonment, if the documents are not produced immediately. Dr. Chen can avoid further penalties by promptly submitting the requested medical records, thereby purging the contempt.