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 refuses to do it. In a contempt hearing, the spouse that is refusing to comply with the court's command can go to prison. If the spouse is refusing to make child support or alimony payments, wage withholding may be a better option.
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] The person in contempt can be in prison indefinitely,[2] but must be released once they promise to comply with the order.[3] Lets run through a few examples:
- 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 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.
Criminal Contempt
The goal of criminal contempt is not to get someone to comply with a court order, but to punish them for not doing so already. 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] However, there are various rules and exceptions to the exact punishment under various circumstances.[5]
Contempt by Juveniles
A minor can be in contempt in a civil case if they are at least six years-old[6] 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.[7] 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.[8]
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.[9] 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.
Other
The court can only fine or imprison a spouse for contempt. If a spouse not doing something they were ordered to do causes other financial losses, the innocent spouse cannot sue for compensation.[10] A contempt is usually started with a motion asking the court to issue a show causer order. The show cause order schedules a hearing where the person allegedly not complying with the court order comes to tell their side. The court does not need to determine if a contempt is civil or criminal until the day of the hearing. The person has to very directly undermine the exact command of the order, not just the spirit or intended meaning of the order.
Attorney fees for a contempt motion can only be had if the contempt falls under one of the statutes that allow attorney fees for child support, alimony, custody, or postseparation support.[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
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- Email: david@kinglawnc.com
- Voicemail: 919 706 5322
References
- ↑ § 5A-21. "imprisonment to compel compliance"
- ↑ § 5A-21(b2)
- ↑ § 5A-21(b).
- ↑ § 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)
- ↑ Williams v. Chaney, 792 S.E.2d 207 (2016)