Making an order mean something, and the difference between coercion and punishment.
Esshaki Legal Media TeamCurrent as of January 2023
Contempt enforces court orders. The classification determines the procedure
required.
Civil contempt is coercive or compensatory. The contemnor holds the keys to
their own release — a daily fine or confinement until compliance — or pays the
other party’s loss. It requires clear and convincing evidence of a definite
order, knowledge of it, and non-compliance.
Criminal contempt punishes past defiance. It is a crime, requiring proof
beyond reasonable doubt, notice of the criminal nature of the proceeding, and
the associated protections. A fixed, unconditional sanction is criminal even if
the court calls it civil.
Direct contempt occurs in the court’s presence and may be dealt with
summarily. Indirect contempt requires notice and a hearing.
Impossibility is a defense to civil contempt, and the burden is on the
contemnor to show that compliance was genuinely impossible and that they took
all reasonable steps.
The order must be clear. An ambiguous injunction cannot support contempt,
which is a reason to draft injunctive relief in operational terms — who must do
what, by when.
Practical use. Contempt is the enforcement mechanism for preliminary
injunctions, discovery orders, protective orders, and post-judgment discovery.
The motion succeeds on a clean record of the order, notice, and specific
non-compliance.