Also known as: civil contemnor · civil contempt of court
Written by attorneys · grounded in primary & secondary sources — see below
A judicial sanction imposed to coerce compliance with a court order or to compensate an opposing party for losses caused by noncompliance. The sanction remains civil when the contemnor holds the keys to release by performing the required act or paying the ordered amount. Incarceration or daily fines are common coercive tools that end upon purge.
Craig Caldwell appeared at a family court hearing owing six months of child support to Claire Campbell. The judge issued a show-cause order and, after a brief colloquy on earnings, found Caldwell had the present ability to pay. The court held him in civil contempt and imposed a jail term that would end the moment he paid the arrears or demonstrated compliance.
Clifford Cox received a federal grand jury subpoena for documents but refused to produce them. The district court ordered production and, when Cox still declined, held him in civil contempt with a daily fine that would stop only upon compliance. Cox remained jailed until the grand jury term ended or he surrendered the records.
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Catherine Carter was granted use immunity yet refused to answer questions before a grand jury. The court held her in civil contempt and imposed an open-ended jail term that would terminate the instant she testified. Carter stayed in custody only until she decided to purge the contempt by answering.
Christian Coleman was ordered to post a bond guaranteeing future child support payments. When he failed to comply, the court found him in civil contempt and levied a coercive fine that accrued daily until the bond was posted. Coleman could end the sanction at any time by satisfying the original order.
Charlotte Chung, a member of a certified asbestos class, violated the district court's antisuit injunction by filing a parallel state action. The court held her in civil contempt and imposed a sanction that would lift once she dismissed the state suit. Chung ended the contempt by withdrawing the forbidden complaint.
Cobalt Energy destroyed documents after the district court ordered their preservation. The court held the company in civil contempt and imposed a daily fine that would cease only when Cobalt produced equivalent records or certified full compliance. The sanction ended the day Cobalt satisfied the preservation order.
Civil contempt aims to coerce compliance or compensate the plaintiff, while criminal contempt punishes past disobedience to vindicate judicial authority. A civil sanction ends when the contemnor purges the contempt by obeying the order. A criminal sanction is fixed and punitive regardless of later compliance.
When the opposing parent is unrepresented, due process is satisfied by clear notice that ability to pay is the central issue, a fair opportunity to present and contest financial information, and an express judicial finding on present ability to pay. Appointment of counsel is not automatically required.
Yes. The same act of disobedience may support both a civil sanction to benefit the plaintiff and a criminal sanction to vindicate the court's authority because the two remedies serve distinct functions.
No. Because the proceeding is civil and the contemnor can avoid or end the sanction by complying, the constitutional right to a jury trial does not attach.
…obligations that do not infringe upon the right to marry. The State may enforce support obligations through wage assignments, civil contempt proceedings, criminal nonsupport proceedings, and other means. The State may also require that persons with support obligations post bonds or make other financial arrangements to ensure…