What is Contempt of Court?

Attorney Cynthia Bohn provides a great definition to this simple question. What is Contempt of Court? - Law Firm Cynthia J. Bohn & Associates Attorneys Nashville, Tennessee: "Tennessee recognizes two types of contempt; CIVIL and CRIMINAL. There are two types of criminal contempt: Direct Criminal Contempt is a contemptuous act (such as cursing the judge) in the Court's presence, where the Court sees or hears the contempt, and may be punished summarily. Indirect Criminal Contempt is based upon conduct committed outside the Court's presence (for example failure to pay court ordered child support) and is punishable only after notice has been given to the offender and he or she has had the opportunity to respond to the charge at a hearing. Civil contempt is distinguished from criminal contempt by the character and purpose of the punishment imposed. The critical feature that determines whether the contempt is civil or criminal in nature is not when or whether you are physically required to set foot in jail, but whether you can avoid the sentence imposed or purge yourself of it by complying with the terms of the court's order. In criminal contempt punishment is imposed unconditionally and you cannot escape by purging yourself of the con- tempt. Punishment for civil contempt, on the other hand, is imposed to compel an act and usually for the benefit of your former spouse. In civil contempt it has often been said that the convicted person holds the keys to the jail in his own pocket."

I run into this most frequently when I represent child support clients. My best advice is similar to a DUI attorney initially declaring: "Don't drive drunk."; my advice is "Pay your child support." If things go wrong, though, give me a call.