Difference between revisions of "Contempt"

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<tr><td style="padding-right:10px"><b>Takeaway</b></td><Td>A spouse can go to prison if they refuse to do what the court orders them to do.</td></tr>
<tr><td style="padding-right:10px"><b>Takeaway</b></td><Td>A spouse can go to prison if they refuse to do what the court orders them to do.</td></tr>
</table>
</table>
'''Contempt''' or '''Contempt of Court''' is used when a court orders someone to do something and that person intentionally refuse to do it. If a spouse refuses to make alimony or child support payments, [[Wage Withholding|wage withholding]] may be a better option. Contempt may put a spouse in prison, where it is difficult to make payments from. The Contempt statute has three sections for [[Criminal Contempt]], [[Civil Contempt]], and [[Contempt by Juveniles]].  
'''Contempt''' or '''Contempt of Court''' is used when a court orders someone to do something and that person intentionally refuses to do it, despite being able to. In a contempt hearing, the spouse that is refusing to comply with the court's command can go to prison. If a spouse is refusing to make child support or alimony payments, [[Wage Withholding|wage withholding]] may be a better option. Contempt is started by a motion with an attached affidavit that persuades the judge to schedule a contempt hearing.  


==Civil Contempt==
==Types of Contempt==
The goal of civil contempt is to coerce someone to comply with the court's order, by threatening to put them in prison.<reF>[https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_5a.html § 5A-21.] "imprisonment to compel compliance"</ref> Civil contempt can be awarded if the spouse intentionally does not comply with a court order they are able to comply with, and the goal of the order can still be met if your spouse complies.<reF> See the exact legal language of the criteria at [https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_5a.html § 5A-21(a).] "imprisonment to compel compliance"</ref> A key characteristic of civil contempt is that the person threatened with imprisonment must be able to free themselves from prison at any time by complying with the court order.<ref>[https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_5a.html § 5A-21(b).]</ref> They may be imprisoned indefinitely for failure to pay child support or failure to perform an act, but refusing to make other payments comes with a 90-day limit to prison time.<ref>[https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_5a.html § 5A-21(b2)]</ref>
There are three types of contempt with different punishments and procedures. Many courthouses have their own form they use for contempt motions. An affidavit or other evidence is attached to the motion. If the judge is persuaded by the motion, the judge schedules a contempt hearing through what's called a "show cause" order. At the hearing, the spouse allegedly in contempt must explain themselves.


Lets run through a few examples:
===Civil Contempt===
* Your spouse is homeless and refuses to pay child support ordered by the court = no contempt, because they are not able to comply with the court order, since they cannot afford it.
The goal of civil contempt is to coerce someone to comply with the court's order by threatening to put them in prison.<reF>[https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_5a.html § 5A-21.] "imprisonment to compel compliance"</ref> Generally, the spouse in contempt can be in prison for up to 90 days at-a-time up to a maximum of 12 months,<ref>[https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_5a.html § 5A-21(b2)]</ref> but the inmate must be released once they promise to comply with the order.<ref>[https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_5a.html § 5A-21(b).]</ref>  Lets run through a few examples of what does, and does not, quality as civil contempt:
* Your spouse does not comply with a custody order = no civil contempt (use criminal) because the spouse cannot go back in time to comply with the court order.
* Your spouse is homeless and refuses to pay child support ordered by the court = no contempt;  in this case the spouse is unable to comply with the court order, because they cannot afford it.
* Your spouse refuses to transfer title in a vehicle as ordered by the court = contempt; spouse goes to prison until they confirm they will sign the title or up to a maximum of 90 days.
*Your spouse does not comply with a custody order = no civil contempt (use criminal) because the spouse cannot go back in time to comply with the court's order. Someone in civil contempt must be able to release themselves from prison by promising to comply with the order.
* Your spouse refuses to pay child support, despite having $50k in annual income = contempt; spouse goes to prison until they confirm they will make payments, up to an indefinite sentence.
* Your spouse refuses to transfer title in a vehicle as ordered by the court = contempt; spouse goes to prison until they confirm they will sign the title
* Your spouse refuses to pay child support, despite having $50k in annual income = contempt; spouse goes to prison until they confirm they will make payments.


==Criminal Contempt==
===Criminal Contempt===
The purpose of criminal contempt is to punish someone for not complying with a court order. With criminal contempt, comes the "beyond a reasonable doubt" standard and the right to a public defender.  
The goal of criminal contempt is to punish a spouse for not complying with a court order in the past. This is used when the damage is already done and complying with the order now doesn't help anything. Criminal contempt is subject to the "beyond a reasonable doubt" standard and triggers the spouse's right to a public defender. Criminal contempt can result in up to 30 days in prison, a $500 fine, or a slap on the wrist.<ref>[https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_5a.html § 5A-12]</ref> Criminal contempt is common for custody violations, because the goal is to punish the spouse for past non-compliance with the court order, not to coerce them to comply with it in the future.


==Contempt by Juveniles==
===Contempt by Juveniles===
A minor can be in contempt in a civil case if they are at least six years-old<ref>[https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_5a.html § 5A(34)(a) and § 5A-31(a)]</ref> and refuse to comply with the court's orders. Juveniles have some extra protections. If a juvenile is disrupting court proceedings, they are entitled to speak to a public defender before the court holds them in contempt.<ref>[https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_5a.html § 5A-32.]</ref> If a juvenile otherwise refuses to comply with a court order out-of-court, the juvenile is punished under the North Carolina's special rules for minors.<ref>[https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_5a.html § 5A-33]</ref>
A minor can be in contempt in a civil case if they are at least six years-old<ref>[https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_5a.html § 5A(34)(a) and § 5A-31(a)]</ref> and refuse to comply with the court's orders. Juveniles have some extra protections. If a juvenile is disrupting court proceedings, they are entitled to speak to a public defender before the court holds them in contempt.<ref>[https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_5a.html § 5A-32.]</ref> If a juvenile otherwise refuses to comply with a court order out-of-court, the juvenile is punished under the North Carolina's special rules for minors.<ref>[https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_5a.html § 5A-33]</ref>


==Direct and Indirect Contempt==
==Direct and Indirect Contempt==
[[Direct Contempt]] is when the judge orders someone to provide evidence, testify, or stop being disruptive in the courtroom, and the person refuses to comply.<ref>[https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_5a.html § 5A-32, § 5A-13]</ref> This is rare. It is generally a matter between the judge and the disruptive person. All you need to know is not to be the disruptive person yourself. You could go to jail.
"Direct Contempt" is when the judge orders someone to provide evidence, testify, or stop being disruptive in the courtroom, and the person refuses to comply right in front of the judge in the courtroom.<ref>[https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_5a.html § 5A-32, § 5A-13]</ref> This is rare. It is generally a matter between the judge and the disruptive person. All you need to know is not to be the disruptive person yourself. Someone who refuses to stop being disruptive in court can be sent to jail right then and there.


[[Indirect Contempt]] is when the judge orders a spouse to do something outside the court, such as make payments, sign deeds, make financial disclosures, or transfer property and that spouse intentionally refuses to do what the court ordered them to do. This is the kind of contempt spouses are routinely looking for. In most cases, you do not need to know the difference between direct and indirect contempt, but you may see these terms around.
"Indirect Contempt" is when the judge orders a spouse to do something outside the court, such as make payments, sign deeds, make financial disclosures, or transfer property and that spouse intentionally refuses to do what the court ordered them to do. This is the type of contempt that is more typically pursued in a divorce case.
 
==Attorney Fees==
There are no special rules for attorney fees related to contempt motions. Therefore, compensation for legal fees may be ordered under the general rules for [[Child Support|child support]], [[alimony]], or [[custody]], but not generally for equitable distribution.<ref><i>Williams v. Chaney</i>, 792 S.E.2d 207 (2016)</ref>


==Contact an Attorney==
==Contact an Attorney==

Latest revision as of 13:38, 15 October 2022

Contempt
Statutes:§ 5A
DescriptionContempt is used when a spouse intentionally refuses to comply with a court order.
TakeawayA spouse can go to prison if they refuse to do what the court orders them to do.

Contempt or Contempt of Court is used when a court orders someone to do something and that person intentionally refuses to do it, despite being able to. In a contempt hearing, the spouse that is refusing to comply with the court's command can go to prison. If a spouse is refusing to make child support or alimony payments, wage withholding may be a better option. Contempt is started by a motion with an attached affidavit that persuades the judge to schedule a contempt hearing.

Types of Contempt

There are three types of contempt with different punishments and procedures. Many courthouses have their own form they use for contempt motions. An affidavit or other evidence is attached to the motion. If the judge is persuaded by the motion, the judge schedules a contempt hearing through what's called a "show cause" order. At the hearing, the spouse allegedly in contempt must explain themselves.

Civil Contempt

The goal of civil contempt is to coerce someone to comply with the court's order by threatening to put them in prison.[1] Generally, the spouse in contempt can be in prison for up to 90 days at-a-time up to a maximum of 12 months,[2] but the inmate must be released once they promise to comply with the order.[3] Lets run through a few examples of what does, and does not, quality as civil contempt:

  • Your spouse is homeless and refuses to pay child support ordered by the court = no contempt; in this case the spouse is unable to comply with the court order, because they cannot afford it.
  • Your spouse does not comply with a custody order = no civil contempt (use criminal) because the spouse cannot go back in time to comply with the court's order. Someone in civil contempt must be able to release themselves from prison by promising to comply with the order.
  • Your spouse refuses to transfer title in a vehicle as ordered by the court = contempt; spouse goes to prison until they confirm they will sign the title
  • Your spouse refuses to pay child support, despite having $50k in annual income = contempt; spouse goes to prison until they confirm they will make payments.

Criminal Contempt

The goal of criminal contempt is to punish a spouse for not complying with a court order in the past. This is used when the damage is already done and complying with the order now doesn't help anything. Criminal contempt is subject to the "beyond a reasonable doubt" standard and triggers the spouse's right to a public defender. Criminal contempt can result in up to 30 days in prison, a $500 fine, or a slap on the wrist.[4] Criminal contempt is common for custody violations, because the goal is to punish the spouse for past non-compliance with the court order, not to coerce them to comply with it in the future.

Contempt by Juveniles

A minor can be in contempt in a civil case if they are at least six years-old[5] and refuse to comply with the court's orders. Juveniles have some extra protections. If a juvenile is disrupting court proceedings, they are entitled to speak to a public defender before the court holds them in contempt.[6] If a juvenile otherwise refuses to comply with a court order out-of-court, the juvenile is punished under the North Carolina's special rules for minors.[7]

Direct and Indirect Contempt

"Direct Contempt" is when the judge orders someone to provide evidence, testify, or stop being disruptive in the courtroom, and the person refuses to comply right in front of the judge in the courtroom.[8] This is rare. It is generally a matter between the judge and the disruptive person. All you need to know is not to be the disruptive person yourself. Someone who refuses to stop being disruptive in court can be sent to jail right then and there.

"Indirect Contempt" is when the judge orders a spouse to do something outside the court, such as make payments, sign deeds, make financial disclosures, or transfer property and that spouse intentionally refuses to do what the court ordered them to do. This is the type of contempt that is more typically pursued in a divorce case.

Attorney Fees

There are no special rules for attorney fees related to contempt motions. Therefore, compensation for legal fees may be ordered under the general rules for child support, alimony, or custody, but not generally for equitable distribution.[9]

Contact an Attorney

This wiki is provided by North Carolina divorce lawyer David King and his firm King @ Law. You can learn more about King @ Law at www.kinglawnc.com. If you are looking to hire an attorney, have questions, or would like to contribute to this wiki, you can contact attorney King using any of the following methods:

References

  1. ↑ § 5A-21. "imprisonment to compel compliance"
  2. ↑ § 5A-21(b2)
  3. ↑ § 5A-21(b).
  4. ↑ § 5A-12
  5. ↑ § 5A(34)(a) and § 5A-31(a)
  6. ↑ § 5A-32.
  7. ↑ § 5A-33
  8. ↑ § 5A-32, § 5A-13
  9. ↑ Williams v. Chaney, 792 S.E.2d 207 (2016)
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