Legal Definitions - civil imprisonment

Civil imprisonment refers to the detention of an individual, not as punishment for a crime, but as a coercive measure in a civil legal case. It typically occurs when a person fails to comply with a specific court order, and the imprisonment is intended to compel them to obey that order. Unlike criminal imprisonment, which aims to punish past wrongdoing, civil imprisonment is often designed to secure future compliance and can end once the individual complies with the court's directive.

Here are some examples to illustrate civil imprisonment:

• Child Support Enforcement: Imagine a situation where a parent has been legally ordered by a family court to pay child support, but they repeatedly fail to make the payments despite having the financial ability to do so. The other parent might ask the court to find the non-paying parent in contempt. If the judge determines that the parent is willfully refusing to comply, the judge might order them to be held in civil imprisonment until they make a substantial payment or demonstrate a credible plan to meet their obligations. This is civil imprisonment because it's a civil matter (family law), and the goal of the detention is to compel compliance with the child support order, not to punish a criminal act.

• Asset Disclosure in a Divorce Case: Consider a high-asset divorce where one spouse is ordered by the court to fully disclose all their financial assets and debts. If that spouse deliberately hides significant bank accounts or investments, and this deception is discovered, the other spouse's attorney could ask the court to hold the non-compliant spouse in contempt. A judge might then order the spouse to be imprisoned until they provide a complete and truthful accounting of all their assets. This is civil imprisonment because it arises from a civil divorce proceeding, and the purpose of the detention is to force the spouse to comply with the court's order for full financial transparency.

• Refusal to Testify in a Civil Lawsuit: Suppose a key witness in a personal injury lawsuit is properly subpoenaed to give testimony during a deposition (an out-of-court sworn testimony) but refuses to answer questions without a valid legal reason. The attorney seeking the testimony could ask the court to compel the witness to answer. If the witness still refuses, the judge might find them in civil contempt and order them imprisoned until they agree to provide the required testimony. This is civil imprisonment because it stems from a civil lawsuit, and the imprisonment is a coercive measure to compel the witness to fulfill their legal obligation to provide evidence.