Contempt of Court
Contempt of Court is a serious charge and is enforced when someone either disobeys the order of the court or fails to follow instructions. There are degrees in the Contempt of Court charges as well and deliberate contempt and violating behavior are met with very seriously.
The offense of Contempt of Court is largely divided into two types, which would help you understand the nature of the offense: Civil and Criminal Contempt.
A person is guilty of a Civil Contempt when they are unable to or refuse to follow a court order.
However, the contempt charge can be “purged” or nullified, if the guilty follows the court order and apologizes to the court. Failure to do so could result in confinement or a fine or both. The purpose of penalizing the person guilty of a Civil Contempt is to enforce the court orders and to ensure compliance with the order can remove the charges. Even when the guilty is incarcerated, they can be released if they are complying with the court order.
A person is guilty of a Criminal Contempt if they are wilfully obstructing justice and are interfering with the compliance of a court order.
Criminal Contempt is a far more serious offense than a Civil Contempt and is usually dealt with very seriously. Instances of Criminal Contempt include threatening, insulting or coercing the judge and disobeying the subpoena to produce evidence. A case of Criminal Contempt is instantly met with orders of immediate arrest, as has been the case with attorneys who resorted to insulting remarks against the judge. The penalty for Criminal Contempt is confinement in jail or fine or both. The purpose of the penalty is to enforce the legal supremacy of the court, since a person found guilty of Criminal Contempt challenges the authority of the court.
The difference is that in the case of Criminal Contempt, the charges cannot be “purged” or nullified once the act off contempt has been done. However, in the case of Civil Contempt, the offender could always remove the charges by compliance.
If you are in a situation where you could be charged with Contempt of Court or need to consult about someone you know in Baldwin County, Alabama, then you would need the services of a Mobile or Baldwin County Contempt of Court Defense Attorney. An experienced Baldwin County Contempt of Court Defense Attorney could help you understand the legal complications in a Contempt of Court case.
Brian Dasinger, P.C., is a Contempt of Court Defense Attorney who can help you with your contempt case. Whether you have failed to follow a court order pertaining to your child visitation case, or need consultation for discussing the prospects of complaining of contempt of court to the judge for the other party, you can find the right legal advice on what course to pursue.
If you are in Mobile or Baldwin County, Alabama, and need more information on Contempt of Court in an Alabama Court, call now.
Brian Dasinger, P.C.