contempt Flashcards
what is contempt
the willful disobedience of an order of the court.
what must the moving party show if they want to prove contempt
the moving party must show the existence of a court order and the facts
establishing the respondent’s noncompliance with the order.
once contempt is est, the burden shifts to the party in contempt to do what
the burden then shifts to the respondent to establish his or her defense and inability to comply with the
order.
what is direct contempt
contemptuous conduct occurring in the presence of the court
what does in the presence of the court mean for direct contempt purposes
The court consists not of the judge, the jury, or the jury room
individually, but all of these combined. The court is present wherever any of its constituent parts is engaged in the
prosecution of the business of the court according to the law.
what is contrusctive contempt
contemptuous conduct occurring outside the presence of the court.
why does it matter if the contempt was direct or constructive
rule to show cause for direct contempt may be issued without a supporting affidavit
or verified petition.
However, a charge of constructive contempt brought by a rule to show cause must be based on
an affidavit or verified petition
what is the diffrence between a finding of civil and criminal contempt
civiil - compel the person to comply
criminal – punish the person
when is the rule to show cause necessary
constructive contempt of court (not direct)
how is the rule to show caused issued
by a family court judge
what does a rule to show cause require of the responding party
to come to court to show cause why they should not be held in contempt
when can a rule to show cause be issued
only if its based on an affidavit with specfic acts listed
how should the rule to show cause be served
no later than 10 days before the date for the hearing
what is the stanard for prooving civil contempt
clear and convincing evidnece
what is the stanard of proof for criminal contempt
beyond a reasonable doubt
