Difference between revisions of "Contempt"
| Line 26: | Line 26: | ||
==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> | [[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> When someone is disruptive in the courtroom, the judge can send them to prison right then and there.<ref>[https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_5a.html § 5A-14]</ref> | ||
==Contact an Attorney== | ==Contact an Attorney== | ||
Revision as of 23:25, 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 specifically orders someone to do something and they intentionally refuse to do it. Contempt is focused on imprisoning someone that refuses to follow the court's orders. However, putting a spouse in prison often makes it more difficult for them to pay child support or alimony. Wage withholding or liens are often more effective. 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] When someone is disruptive in the courtroom, the judge can send them to prison right then and there.[4]
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
- ↑ § 5A-14