Legal Definitions - contempt of court, civil

Civil contempt of court occurs when an individual or entity disobeys a specific order issued by a court, and the primary goal of the court in addressing this disobedience is to compel them to comply with that order.

Unlike criminal contempt, which aims to punish past disrespect for the court's authority, civil contempt seeks to coerce future compliance. The penalties for civil contempt, which can include fines or even temporary imprisonment, are designed to last only until the disobedient party fulfills the court's directive. As the saying goes, "the key to the cell is in the contemnor's own pocket," meaning the individual holds the power to end the sanction by simply obeying the court's order.

Here are some examples of civil contempt of court:

• Refusal to Pay Court-Ordered Child Support: Imagine a divorce case where the court orders one parent to pay a specific amount of child support to the other parent each month. If that parent consistently fails to make these payments, the receiving parent can ask the court to find the non-paying parent in civil contempt.

  This illustrates civil contempt because the court's aim is not merely to punish the missed payments, but to compel the parent to start making the payments as ordered. The court might impose daily fines or even jail time, but these sanctions would cease as soon as the parent pays the overdue support and demonstrates a commitment to future compliance.

• Violation of a Court-Issued Injunction: A small business might obtain a court order (an injunction) preventing a competitor from using a very similar company name or logo, arguing it causes confusion among customers. If the competitor continues to use the prohibited name or logo despite the court's clear order to stop, they could be found in civil contempt.

  This is civil contempt because the court's objective is to stop the competitor's ongoing violation and ensure they comply with the injunction. The court might impose fines for each day the violation continues, or other penalties, until the competitor changes their branding to comply with the order.

• Failure to Return Property in a Divorce Settlement: In a divorce proceeding, a court might order one spouse to return specific personal property, such as family heirlooms or a vehicle, to the other spouse by a certain date. If the spouse refuses to return the items as mandated by the court order, they could face civil contempt charges.

  This demonstrates civil contempt because the court's intention is to ensure the property is returned to its rightful owner as per the settlement. The court could impose sanctions, such as fines or temporary detention, which would be lifted immediately once the spouse complies and returns the specified property.