Legal Definitions - indirect contempt

Indirect contempt refers to an act that disrespects the authority of a court or interferes with the administration of justice, but which occurs outside the immediate presence of the judge or the courtroom. Unlike "direct contempt," which happens right in front of the court, indirect contempt involves actions taken elsewhere that undermine a court's orders, processes, or ability to conduct fair proceedings.

• Example 1: A person is subject to a court order requiring them to pay alimony to their former spouse. Despite having the financial means, they intentionally transfer their assets into a complex web of offshore accounts to avoid making the court-mandated payments.

  Explanation: This action occurs outside the courtroom but directly defies a specific financial order issued by the court. By deliberately hiding assets to evade payment, the individual obstructs the court's ability to enforce its judgments and ensure justice for the former spouse, thus constituting indirect contempt.

• Example 2: During a criminal trial, the judge issues a gag order prohibiting all parties, including attorneys and witnesses, from discussing the case with the media to prevent prejudice. A defense attorney subsequently gives an interview to a local news station, revealing details about the prosecution's strategy that were discussed in a closed-door hearing.

  Explanation: The attorney's interview takes place outside the courtroom but violates a specific judicial order (the gag order) intended to protect the integrity of the trial. This interference with the court's ability to conduct a fair proceeding, free from external influence, is an act of indirect contempt.

• Example 3: A crucial witness in a property dispute is served with a subpoena, which is a legal document ordering them to appear in court and provide testimony. The witness, however, deliberately ignores the subpoena, leaves the state, and makes no effort to inform the court or the attorneys of their whereabouts, causing a delay in the trial.

  Explanation: The witness's failure to appear and their deliberate evasion occur outside the courtroom but directly defy a court-issued order (the subpoena). This action obstructs the legal process by preventing the court from hearing necessary testimony and causes undue delay, thereby demonstrating indirect contempt.