Legal Definitions - contempt of court, indirect

Indirect contempt of court refers to an act that defies or disrespects the authority of a court, but occurs outside the physical presence of the judge or courtroom. This type of contempt typically involves failing to obey a specific court order, judgment, or decree that was issued previously. It is also sometimes known as constructive contempt of court.

Indirect contempt can be classified as either civil or criminal. Civil contempt aims to compel a party to comply with a court order, meaning the penalties (like fines or jail time) can often be avoided or ended once the party fulfills their obligation. Criminal contempt, on the other hand, is intended to punish a party for their defiance and uphold the dignity and authority of the court, regardless of future compliance. Penalties for indirect contempt can include financial fines or even imprisonment.

• A parent fails to pay court-ordered child support.

  Following a divorce, a court issues an order requiring one parent to pay a specific amount of child support each month to the other parent. If the obligated parent repeatedly misses these payments while living and working in another city, they are committing indirect contempt. This is because they are violating a court order (the child support decree) outside the immediate view of the court. This would typically be civil contempt, as the court's primary goal would be to compel the parent to make the overdue payments.

• A company continues to operate a facility despite a court-ordered shutdown.

  A judge issues an injunction demanding that a manufacturing plant cease operations immediately due to severe environmental violations. If the company's management, located at the plant miles away from the courthouse, decides to continue running the facility in defiance of the order, they are engaging in indirect contempt. The violation of the injunction occurs away from the court's direct observation, and the court would likely impose penalties to force compliance and punish the company's disregard for its authority.

• A party in a lawsuit destroys evidence after a court order to preserve it.

  During a complex civil lawsuit, the court issues a preservation order, instructing both parties to retain all relevant electronic documents and physical records. One party, knowing about the order, later instructs their employees to delete emails and shred paper documents pertinent to the case. This action constitutes indirect contempt because the destruction of evidence, a direct violation of a court order, happens outside the courtroom and undermines the judicial process. This could be considered criminal contempt due to the deliberate obstruction of justice.