Violating a court order in California is no minor offense. Being charged with Contempt of Court can lead to serious consequences, including jail time, fines, and probation. Whether it’s due to violating a restraining order or disrupting court proceedings, understanding how California defines and penalizes Contempt of Court is critical if you’re facing these charges.
What Constitutes Contempt of Court in California?
Under California Penal Code Section 166, Contempt of Court refers to various acts that go against court orders or disrupt court proceedings. Contempt may include:
- Disorderly behavior in the courtroom
- Publishing false or grossly inaccurate information about court cases
- Causing disturbances, such as loud noises during proceedings
- Refusing to be sworn in or answer questions as a witness
- Willfully violating court orders, like restraining or protective orders
If charged, the type of behavior and the circumstances involved determine whether the court pursues a misdemeanor or a more severe penalty.
Proving Contempt: The Prosecution’s Burden
For a conviction of Contempt of Court, the prosecution must meet a high standard of proof. Three critical elements need to be established:
- The Validity of the Court Order: The order involved must be legal and issued by a court.
- Awareness of the Order: The defendant must have known about the court order and understood its terms.
- Willful Disobedience: The act of contempt must be deliberate, showing that the individual intentionally disregarded the order.
If any of these elements can be successfully disputed, there may be grounds for an acquittal. A skilled defense attorney will examine these factors closely to build a defense.
Penalties for Contempt of Court in California
The penalties for Contempt of Court vary based on the circumstances and severity of the violation. Here’s an overview of potential penalties:
Criminal Contempt
Most cases of Contempt of Court are charged as misdemeanors. This level of offense may result in:
- Up to six months in county jail
- Fines of up to $1,000
- Informal probation for up to three years
While misdemeanor charges are less severe than felonies, they still carry consequences that can impact personal and professional aspects of life.
Aggravated Criminal Contempt
Certain behaviors can elevate the charge to Aggravated Criminal Contempt, especially in cases involving restraining orders, domestic violence, or elder abuse. Aggravated Contempt may apply if the individual:
- Violated a restraining order and has a prior conviction for stalking
- Owned or purchased a firearm against a protective order
- Repeatedly disobeyed a court order in cases of domestic violence or elder abuse
Depending on the situation, Aggravated Criminal Contempt may be charged as a felony or misdemeanor. A felony conviction can lead to a maximum of three years in state prison, while a misdemeanor conviction could result in up to a year in county jail and a probation period of up to three years.
Defending Against Contempt of Court Charges
Contempt of Court charges can be complex, especially when tied to other criminal accusations. An experienced defense attorney can be invaluable in analyzing and challenging the evidence brought forth by the prosecution. Common defenses include:
- Disputing Knowledge of the Order: If there is a question about whether the defendant was aware of the order, this may be a strong defense.
- Lack of Intent: Demonstrating that any violation of the court order was not willful or intentional.
- Questioning the Legality of the Order: If the order was not legally binding, any action that followed might not constitute contempt.
Protect Your Rights with a Skilled Attorney
Contempt of Court charges can have serious and lasting impacts, affecting personal freedom and future opportunities. When facing these charges, it’s crucial to have a knowledgeable attorney who can navigate the complexities of California law and advocate on your behalf. By thoroughly examining the details of your case, a defense attorney can explore potential defenses, challenge weak evidence, and seek the best possible outcome.