Contempt
| 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.
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] 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.[3] 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.[4]
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.[5] 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.
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:
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References
- ↑ § 5A-11(a). Listing some of the justifications for contempt.
- ↑ § 5A(34)(a) and § 5A-31(a)
- ↑ § 5A-32.
- ↑ § 5A-33
- ↑ § 5A-32, § 5A-13