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Legal Dictionary

contempt of court

Legal Definition of contempt of court

Noun

  1. A act of defiance of court authority or dignity. Contempt of court can be direct (swearing at a judge or violence against a court officer) or constructive (disobeying a court order). The punishment for contempt is a fine or a brief stay in jail (i.e. overnight).

Related terms


Definition of contempt of court

Further reading

Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority. Often referred to simply as "contempt", such as a person "held in contempt", it is the judge's strongest power to impose sanctions for acts which disrupt the court's normal process.

A finding of contempt of court may result from a failure to obey a lawful order of a court, showing disrespect for the judge, disruption of the proceedings through poor behavior, or publication of material deemed likely to jeopardize a fair trial. A judge may impose sanctions such as a fine or jail for someone found guilty of contempt of court. Judges in common law systems usually have more extensive power to declare someone in contempt than judges in civil law systems.

In civil cases involving disputes between private citizens, the behavior resulting in the ruling is often directed at one of the parties involved rather than at the court directly.

A person found in contempt of court is called a "contemnor." To prove contempt, the prosecutor or complainant must prove the four elements of contempt:

  • Existence of a lawful order
  • The contemnor's knowledge of the order
  • The contemnor's ability to comply
  • The contemnor's failure to comply

References:

  1. Wiktionary. Published under the Creative Commons Attribution/Share-Alike License.



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