Indirect Criminal Contempt Attorney in Long Beach, California

Criminal contempt is a legal concept used to uphold the authority and dignity of the court by sanctioning individuals who engage in behavior that disrespects or obstructs the legal process. It’s a critical component of the legal system, making sure that individuals comply with the rules and orders set forth by the courts.

In California, contempt of court is divided into two broad categories: direct and indirect contempt. While direct contempt occurs in the presence of the court, indirect contempt takes place outside the courtroom.

Based in Long Beach, California, McCready Law Group has extensive experience supporting clients through indirect criminal contempt cases.

Below, I’ll go over what California residents should know about indirect criminal contempt, its legal implications, the types of conduct it covers, the elements required to establish indirect contempt, procedural aspects, potential defenses, and the consequences of a contempt finding.

Overview of Contempt in California

Contempt of court is governed under both the California Penal Code and the California Code of Civil Procedure. It refers to any behavior that disrespects or disobeys the authority of the court, obstructs the administration of justice, or disrupts court proceedings.

California law recognizes two types of contempt: direct contempt and indirect contempt.

• Direct contempt occurs when the contemptuous act takes place in the immediate presence of the court, such as when an individual disrupts a hearing or refuses to comply with a court order while in the courtroom.

• Indirect contempt, on the other hand, is any act of contempt that occurs outside of the court’s immediate presence. For example, a person may violate a court order by failing to pay child support, disobeying a restraining order, or ignoring a subpoena.

Indirect criminal contempt is typically defined as the willful disobedience of a court order or the failure to comply with a court-issued command outside the immediate presence of the court.

Indirect Criminal Contempt

Under California Penal Code § 166, any individual who willfully disobeys a court order is subject to contempt charges. This includes actions such as failing to appear for court hearings, disobeying restraining orders, or refusing to pay court-ordered child or spousal support.

Indirect criminal contempt requires the violation to be willful or intentional. If the defendant can show that they had no ability to comply with the order or were unable to do so through no fault of their own, they may avoid a contempt conviction. Therefore, a key aspect of indirect criminal contempt is the intent or knowledge of the violation.

A few specific elements are required for a prosecutor to establish indirect criminal contempt. These will be outlined in the section below.

Elements of Indirect Criminal Contempt

To establish indirect criminal contempt in California, the prosecution must prove the following elements:

• Existence of a clear and specific court order: There must be a valid and specific court order in place. This order must be clear enough for the defendant to understand their obligation. For example, an order to pay child support must clearly specify the amount, frequency, and the party to whom the payment is owed. A vague or ambiguous order can’t serve as the basis for a contempt charge.

• Knowledge of the order: The defendant must have knowledge of the court order. This is often proven by showing that the defendant was present during the hearing where the order was made or that they were served with a written copy of the order.

• Willful disobedience: The defendant must have intentionally violated the court order. A defendant may claim that they were unable to comply due to financial or logistical reasons, but it must be demonstrated that the violation was willful. This is crucial because unintentional violations don’t constitute contempt.

• Failure to comply with the order: The defendant must have failed to adhere to the terms of the order. This could involve actions such as refusing to pay spousal support, violating a restraining order, or failing to return property as ordered by the court.

Indirect criminal contempt can arise in various contexts. I’ll go over a few common examples below.

Common Examples of Indirect Criminal Contempt

Some of the most common situations for indirect criminal contempt include:

• Failure to pay child support or spousal support: If a court orders an individual to pay a specific amount of child or spousal support, and the individual willfully fails to comply, they may be charged with indirect criminal contempt. The court may issue sanctions for non-payment, which may include fines or imprisonment.

• Violation of restraining orders: In cases of domestic violence, harassment, or stalking, the court may issue a restraining order requiring one party to stay away from another. Violating such an order constitutes indirect criminal contempt.

• Failure to comply with custody and visitation orders: A parent who refuses to comply with court-ordered custody or visitation arrangements can face charges of indirect contempt. The court may order that the parent comply with the visitation schedule or face penalties.

• Disobeying subpoenas or court orders for production of evidence: When a party fails to comply with a subpoena or refuses to produce documents or evidence as required by the court, they can be charged with indirect criminal contempt.

• Failure to follow orders in civil cases: In civil litigation, a party may be ordered by the court to take specific actions (such as paying damages or returning property). Failure to comply with these orders may lead to charges of indirect criminal contempt.

Individuals accused of indirect criminal contempt can work with an experienced attorney to defend themselves.

Defenses to Indirect Criminal Contempt

While the elements of indirect criminal contempt are clear, defendants can raise several defenses to challenge a contempt charge. Some of the most common defenses include:

• Inability to comply: One of the most common defenses is that the defendant was unable to comply with the court order due to circumstances beyond their control. For example, a parent who can’t pay child support due to financial hardship may argue that they didn’t have the means to comply with the order.

• Lack of knowledge of the order: If the defendant didn’t receive proper notice of the court order, they may not be aware of the obligation to comply. However, this defense may not be successful if the defendant was present during the hearing or had reasonable means to know about the order.

• Ambiguity of the order: If the court order was unclear or ambiguous, the defendant may argue that they were uncertain about their obligations. For example, if the order didn’t specify the exact amount of child support or failed to clarify visitation terms, the defendant may claim that they didn’t willfully disobey it.

• Good faith effort to comply: In some cases, the defendant may argue that they made a good faith effort to comply with the order but were unsuccessful. For instance, if a defendant tried to pay child support but encountered issues such as a bank error, they may assert that their failure to comply was not willful.

• Legal excuse: In some cases, a defendant may argue that they had a legal excuse for not complying with the order. For instance, a person may argue that a court order to return property was impossible because the property was lost or destroyed.

If the defendant is found guilty of indirect criminal contempt, they may face various consequences.

Consequences of Indirect Criminal Contempt

The consequences of a finding of indirect criminal contempt can be severe. Depending on the nature of the violation and the severity of the defendant’s actions, the court may impose a range of sanctions:

• Fines: The court may impose a monetary fine to penalize the defendant for their disobedience. Fines can range from relatively small amounts to significant sums, depending on the seriousness of the contemptuous behavior.

• Imprisonment: In more extreme cases, a defendant may be sentenced to jail or prison for violating a court order. The length of imprisonment depends on the nature of the contempt, the defendant’s criminal history, and other factors.

• Compensatory or remedial actions: In some cases, the court may require the defendant to take specific actions to remedy the situation. For instance, a parent who failed to comply with a child custody order may be required to make up missed visitation time.

• Criminal conviction: In some instances, indirect contempt may be charged as a criminal offense. A criminal conviction may result in a permanent criminal record and the associated consequences, including probation, parole, and the inability to possess firearms.

To improve one’s odds of a successful indirect criminal contempt defense, it’s vital to work with an attorney knowledgeable in criminal defense.

Contact my firm to see how I, Attorney Zachary McCready, can represent you.