Difference between revisions of "Contempt"
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[[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 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. | ||
== | ==Financial Compensation== | ||
The court can only put a spouse in prison for contempt. They cannot order the spouse in contempt to pay for financial losses caused by their lack of compliance with the court order.<ref>[https://law.justia.com/cases/north-carolina/court-of-appeals/1990/8926dc551-1.html Hartsell v. Hartsell, 393 S.E.2d 570 (1990)]</ref> | |||
==Contact an Attorney== | ==Contact an Attorney== | ||
Revision as of 16:22, 13 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 alimony or child support payments, 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.
Types of Contempt
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] 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.[2] 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.[3] 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.[4]
Lets run through a few examples:
- 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.
- 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 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 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.
Criminal Contempt
The goal of criminal contempt is to punish someone for not complying with a court order. The criteria is the same as civil contempt, but criminal contempt punishes a spouse when the damage is already done. If the spouse can't fix things by complying with the court order now, criminal contempt comes in. However, 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, and/or a lecture.[5] However, there are various rules and exceptions to the exact punishment under various circumstances.[6]
Contempt by Juveniles
A minor can be in contempt in a civil case if they are at least six years-old[7] 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.[8] 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.[9]
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.[10] 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.
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.
Financial Compensation
The court can only put a spouse in prison for contempt. They cannot order the spouse in contempt to pay for financial losses caused by their lack of compliance with the court order.[11]
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-21. "imprisonment to compel compliance"
- ↑ See the exact legal language of the criteria at § 5A-21(a). "imprisonment to compel compliance"
- ↑ § 5A-21(b).
- ↑ § 5A-21(b2)
- ↑ § 5A-12
- ↑ § 5A-12(a)(3)
- ↑ § 5A(34)(a) and § 5A-31(a)
- ↑ § 5A-32.
- ↑ § 5A-33
- ↑ § 5A-32, § 5A-13
- ↑ Hartsell v. Hartsell, 393 S.E.2d 570 (1990)