Many people ask about contempt of court and the particular question they ask is “what does in contempt of court mean” or “what’s contempt of court mean” and that’s why I have written this article for you guys. Here I have explained each and everything about contempt of court.
Detail explanation of contempt of court
Contempt of court applies to anybody can apply to the attorney. “Contempt of court” is basically the hammer, the right hand that the judge has in any courtroom so for instance if someone were to walk into court and just absolutely start swearing at the judge threatening the judge just acting absolutely disrespectful they can be held in contempt of court also an attorney if an attorney keeps showing up late or kind of says something to the judge that’s extremely disrespectful then this is also contempt of court. However you see it mostly in court order that is not followed for example Restraining orders right a lot of times in restraining orders there is a condition that the person restrained is not allowed to own firearms for the period of the effects of the restraining order and they have to surrender that well someone may forget to do that or just decide not to do that so they are in violation of the terms of the restraining order hence they are in (contempt of court) for disobeying the court order.
Penalty for Contempt of court
Now let’s talk about penalty and punishment from last 1 year many people raise a particular question like “How much is contempt of court fine”.The penalty for contempt of court vary usually, the judges biggest leverage is obviously putting you in custody, so really the punishment for disobeying a court order or being held in contempt is custody time not here is where it gets interesting, let’s say for some kinds of misdemeanor you get 90 days county jail so you surrender to the sheriff’s department and sheriff’s department is going to keep you in however long they want but usually people only a fraction of their time currently it’s ten percent in los angeles county and other counties may vary but you rarely do the entire time with a contempt of court though the judge puts you in and then he or she sets the day that they want you to come back so the sheriff’s department doesn’t release you when your in on a contempt of court. You are going to stay in there until the judge assigns you back before him or her so it’s more of a disciplinary tool for the court to make sure that their rulings are respected and upheld the defenses for contempt of court.
Contempt of court for Attorney
If you are an attorney and if you are found in contempt of court then you can demand a hearing where you basically it’s a little bit more formal and a lot of times the judge will calm down from whatever originally got theme upset and there won’t any discipline but the defenses usually see it in the restraining order or a protective order or something that the court has issued that someone has not followed and now they are back in front of the judge. The first offense is usually lack of awareness where you are going to claim that you are not aware that the had ordered you to do something. The second one is lack of intent meaning you didn’t mean to disobey the court order.
Example of Contempt of Court
For example of motion of contempt if you are ordered to stay a hundred yards away from your ex-wife and you are somewhere that she just happens to be and she calls the police because you are within the hundred yards but may be you are at grocery store or something if you didn’t mean you know if you are doing it on purpose you are not going to get in trouble but the most fascinating one and the one you kind of want is sometimes you can say that Judge you were wrong in what you ordered and I went out I did it anyway and now because I am trouble for doing what you told me not to now we really get into whether you were right or wrong, so the example is injunction right so let’s say a group of people wants to protest the use of drums and they are going to organize a rally in front of some type of military base all and the power that is go to court and they say that this can’t happen it’s a breach of a ntional security, it is safety concern this area is off limits and if the judge signs the injunction saying you can’t do it, so we go and we do it anyway the police come and they notify everyone that you are not allowed to do and if they arrest you and then you are going to appear before that judge who issued the injunction and you can say to judge “sorry with all due respect” the first amendment affords us right to do what we just did so if it turns out to be correct and in that case in may then you will found in contempt of court because the judge initial order was not lawful contempt of court is the safeguard to ensure that certain conduct inside the courtroom remains professional and clam and it’s just like it sounds you have done something where the judge is now looking at you through the lens of contempt of court.
You can read now about Parties who will be joined in a case.
If you have any question regarding CONTEMPT OF COURT then please comment down below. We will try to answer your all the question.