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 | '''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 payments, wage withholding or liens may be better options. The Contempt statute has three sections for [[Criminal Contempt]], [[Civil Contempt]], and [[Contempt by Juveniles]]. | ||
==Criminal Contempt== | ==Criminal Contempt== | ||
Revision as of 23:34, 12 October 2022
| Contempt | |
| Statutes: | § 5A |
| Description | Contempt is used when a spouse intentionally refuses to comply with a court order. |
| Takeaway | A 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 refuse to do it. If a spouse refuses to make payments, wage withholding or liens may be better options. The Contempt statute has three sections for Criminal Contempt, Civil Contempt, and Contempt by Juveniles.
Criminal Contempt
Contempt can be for things like being disruptive in a court hearing, refusing to testify or provide evidence after a judge ordered you to do so, or "willful or grossly negligent failure to comply with schedules and practices of the court resulting in substantial interference with the business of the court."[1]
Civil Contempt
can be for being disruptive in the courtroom, which is called "Direct Contempt" or for refusing to do something the court ordered be done outside the courtroom, which is called "Indirect Contempt".
Contempt by Juveniles
A minor can be in contempt in a civil case if they are at least six years-old.[2]
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.[3] This is rare. Also, it is generally an issue between the disruptive person and the judge.
Indirect Contempt is when the judge orders a spouse to do something outside the court, such as make payments, and that spouse intentionally refuses to do it.
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:
- Schedule a Consultation
- Start a Facebook Chat
- Email: david@kinglawnc.com
- Voicemail: 919 706 5322
References
- ↑ § 5A-11(a). Listing some of the justifications for contempt.
- ↑ § 5A(34)(a) and § 5A-31(a)
- ↑ § 5A-32, § 5A-13