Revised 2/01/2009
D_39
The following information
is provided by
What is a contempt citation?
1. Someone filed a
contempt citation against me. What does it mean?
When someone files a contempt citation against you, it means they are asking
the Judge to punish you because they believe you have violated a court order.
(A court order is a decision issued by the court.) To get the court to issue
the citation, they file a motion saying what order they believe you violated
and how. The court then issues the citation, which orders you to appear in
court on a certain date to “show cause”, or explain why you should not be held
in contempt. In other words, you are ordered to come to court to explain why
you are not guilty of violating the court's order. This citation must be
personally served on you, which means delivered to you in person. Service by
mail is not good enough.
2. What do I need to do?
Once the citation has been served on you, you must appear in court at the date
and time on the citation. If you do not, the court may issue a warrant for your
arrest. When you appear at the first hearing, the court will advise you of your
rights. Normally, the case is not actually heard that day. One of your rights
when a contempt citation has been filed against you is the right to be
represented by a lawyer. If your income is low enough to qualify, the court
will appoint a lawyer to represent you at no cost. If the court appoints a
lawyer to represent you, that person is only responsible for representing you
in the contempt citation, not in the case itself.
3. What happens at the hearing?
The court will then set a date for the hearing on the citation itself. At that
hearing, the party accusing you of being in contempt has the burden of proof to
show (has to prove to the court) that there was a valid court order, that you
knew about the order, and that you willfully violated the order. If the court
finds all those things, the Judge can punish you by imposing a fine, time in
jail, or both. Punishment can also be suspended and conditions imposed, such as
complying with the court's order. (This means the court may ask you to begin to
obey the court order, and they might not punish you this time.)
4. Are there other ways
to settle this matter?
Often, contempt citations are settled by negotiation. The other side's lawyer
may contact you to discuss settlement. If you reach an agreement with the other
side, make sure that the agreement is either written down, signed by everyone,
and given to the court, or that the agreement is stated in court on the record.
That means that someone describes the agreement in open court, and all parties
state that they agree to it.
If you need advice on
this or any other legal problem, contact an attorney of your own choosing. If
you cannot afford an attorney, talk to