What is California’s Contempt of Court?
People may be charged with contempt of court if they act insolently towards the court. Here’s what you need to know about contempt of court in California.
Contempt of court is usually charged as a misdemeanor when a person acts disorderly within or outside the court. The actions or behavior must impede the court’s proceedings or respect and includes breaching the court’s peace, resisting a court process or order, and disobeying a court order. A person charged with contempt of court may object to the charge with good legal defense and be sentenced to 6 months in county jail or fined $1,000.
What is Contempt of Court in California?
A person may be charged with contempt of court in California if they act disorderly. California Penal Code Section 166 defines the charge of contempt as “disorderly, contemptuous, or insolent behavior committed during the sitting of a court of justice.” The contemptuous behavior must be in the court’s immediate view and presence and directly interrupt the court’s proceedings or impair the court’s respect.
Conduct Considered Contempt of Court
Behavior directly or indirectly interfering with the court’s presence or proceedings may be considered contempt of court. Direct contemptuous behavior occurs during the court session, while indirect contempt occurs outside the courtroom. Indirect contempt of court is generally reported to the police or the court by a third party.
California Penal Code Section 166(a) gives examples of contempt of court, including:
- Disorderly behavior committed in the presence of a referee or a jury,
- A breach of the peace,
- Willful disobedience of the terms of a court process or court order,
- Willful resistance to a court process or order,
- Refusal to act as a sworn witness,
- Refusal to answer a material question,
- Publishing a false or grossly inaccurate report of court proceedings, and
- Willful disobedience of an injunction to restrain gang activities.
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The most common reason the court finds in contempt is for violating a court order, such as a custody or protective (restraining) order.
Legal Defenses to a Contempt of Court Charge
A prosecutor has the burden of proof to show a defendant violated California Penal Code 166.
A person may be charged and convicted of contempt of court for violating a court order if it is found, beyond a reasonable doubt, that:
- A judge issued a legal order,
- The defendant knew about the order,
- The defendant could comply with the order, and
- The defendant willfully failed to comply with the order
.A defendant may object to the contempt charge with a good legal defense. Defenses to a contempt charge include:
- No willful violation of a court order
The defendant must state they did not willfully disobey the court proceeding or court order on purpose, whether they were unaware of the order, accidentally violated it, or unable to comply with it.
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- No disorderly conduct
The defendant can try to show his innocence by stating their charged behavior did not amount to any of the contemptuous actions outlined in the statute.
- Falsely accused
The defendant may claim another person is unjustly blaming them for violating a court order. False accusations may occur if a relationship has failed or issues arise with an existing custody or child support order.
Penalties to a Contempt of Court Finding
A conviction of contempt is usually considered a misdemeanor offense. Criminal contempt as a misdemeanor is punishable by custody in county jail for up to 6 months or a maximum fine of $1,000. A judge may order a person in contempt for community service instead of a fine.
Criminal contempt is a misdemeanor and is punishable by custody in county jail for up to 1 year and/or a fine of $5,000. Contempt is penalized more seriously if the defendant violates certain court orders. Violations carrying heftier punishment include violating a protective order while having a prior stalking conviction, violating a domestic violence protective order, and owning or possessing a firearm in violation of a court order.
A person convicted of violating a protective order for the second time may be charged with a misdemeanor or felony contempt of court if:
- The prior violation was within seven years, and
- The violation involved an act or credible threat of violence.
Misdemeanor contempt of court for a second violation of a protective order is punishable by one year in county jail. Felony contempt of court for a subsequent violation of a protective order may be punishable by 16 months, two years, or three years in state prison.
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