In legal matters, following a Court Order isn’t optional – it’s essential. When a litigant fails to follow a Court Order, the Court has the authority to take action through a proceeding called contempt of court. But not all contempt is treated the same.
In North Carolina, there are two (2) types of contempt: civil and criminal. Understanding the key differences can help you know what to expect if you’re subject to a contempt action or trying to enforce your rights.
Civil Contempt: Designed to Compel Compliance
Civil contempt is used when a litigant disobeys a Court Order, and the Court compels compliance with the Court’s Order. The goal here isn’t punishment; it’s to make sure the litigant complies with the Order as written. Civil contempt serves to correct ongoing behavior.
Civil contempt commonly arises in family law cases. For example, when a parent neglects to pay their child support obligation or fails to abide by a custodial arrangement set forth in an Order. The contempt must be willful, and the litigant must have the present ability to comply with the Order. The only remedy available for civil contempt proceedings is imprisonment until the litigant complies with the Court’s Order. A litigant held in civil contempt must be provided a purge condition, that conditions the litigant’s release upon compliance with the Order.
Criminal Contempt: Designed to Punish Disobedience
Criminal contempt is different in that it is used to punish disobedience of a litigant for their disregard of the Court’s Order. The goal of criminal contempt is to punish behaviors that generally can no longer be served by current compliance with the Order. Criminal contempt serves to punish past behaviors.
Criminal contempt can be direct or indirect. An example of direct criminal contempt could be a litigant acting out and refusing to abide by the Judge’s directions while in court, i.e. something that occurs in the immediate presence of the Court. An example of indirect criminal contempt could be non-compliance with a Court Order that cannot presently be remedied, i.e. a non-compliance that has already occurred with no room for correction of the behavior. Remedies available in criminal contempt proceedings include censures, imprisonment for up to thirty (30) days, a fine of not more than $500.00, or any combination of the above.
Why This Matters
It is important to have experienced counsel and legal guidance when considering, or defending, civil or criminal contempt of court. Both avenues are complex with varying levels of severity and consequences for your legal case. Contempt proceedings can move very quickly, so don’t wait.
Need Help Navigating Contempt Issues?
Whether you’re seeking to enforce a Court Order, or facing allegations of contempt yourself, we’re here to help. Our team understands the stakes, and how to protect your rights while guiding you through the legal process with clarity and compassion.
Let’s talk. Your situation may feel overwhelming, but you don’t have to face it alone.