What Is Contempt of Court?

After Tyrese Gibson allegedly failed to adhere to a court order to pay over $70,000 in back child support, he was found to be in willful contempt of court. It was the third such hearing, and this time the judge required detainment until the payment was made. It’s a common charge, and one that can take on various meanings depending on the courtroom and the situation.

What is Criminal Contempt of Court

 When anyone disobeys a court order, it can result in contempt charges.  It is a criminal matter when criminal penalties are associated with the charges, such as time behind bars or fines. There are plenty of actions that could lead to these charges, including creating a disturbance in the courtroom and insulting a judge.

Indirect Contempt 

Indirect charges, also known as constructive contempt of court, are associated with behavior outside of the courtroom, like in the case of Gibson.  He’d been ordered to make payments, and allegedly did not comply. Other examples of indirect contempt include:

• Skipping a hearing;
• Breaking probation;
• Failing to turn over evidence that has been subpoenaed;
• Improperly trying to communicate with one or more jurors;
• Attempting to bribe court workers or jurors;
• Failing to adhere to instructions in a protective order.

Direct Contempt 

While indirect contempt of court is connected to activity outside the courtroom itself, direct contempt is up close and personal, and generally involves behaviors that irritate and/or disrespect the judge. Charges of contempt could be leveled against observers, witnesses, jurors, and even attorneys. Actions that could result in such charges include:

• Refusing to rise as the judge comes into the courtroom;
• Arguing/shouting in the courtroom;
• Intimidating behaviors such as glaring, threatening gestures, and threats;
• Lying while under oath;
• Coming to court while under the influence of drugs or alcohol;
• Using profanity to the point that it disrupts the proceedings.

Penalties in the Silver State

 Disrespect of the court is a serious affront to the judge in question and could lead to fines of up to $500 and up to 25 days in jail, on top of attorney’s fees and other expenses in some cases. In situations where the court requires a particular action, like, say, testifying or providing evidence that has thus far been denied, the offender could be jailed until they agree to comply with the court order.

Avoid the Fuss 

While people sometimes get charged with contempt as a matter of principle—such as when reporters refuse to reveal their source—more often than not the charges are a result of temper flares, ignorance, laziness, or outright impertinence. There is no good outcome for individuals who let a belligerent attitude cloud their judgment in court.  If you are dealing with criminal contempt of court, the experienced and dedicated Las Vegas criminal defense lawyers at Lobo Law can help. Schedule a confidential consultation today.

Source:

law.cornell.edu/wex/contempt_of_court_criminal#:~:text=Criminal%20contempt%20of%20court%20refers,creating%20a%20disturbance%20at%20trial.