ATTORNEYS AT LAW
Contempt of Court
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If you’ve been faced with contempt of court charges, don’t face them alone. King & Rowe Attorneys at Law are here to provide you with legal advice and representation that you can trust. We have successfully handled numerous contempt of court cases and have the expertise to help you achieve the best possible outcome.
Contact us today 828-466-3858.
North Carolina Contempt of Court
Contempt of court generally refers to conduct that violates, defies, or disrespects the authority of the Court. There are two types of contempt--criminal and civil. Each type of contempt carries its own consequences and there are certain times when one may be more appropriate for a Court to find than the other.
The most common scenario, in the context of family law, is when an order has been signed, binding both parties, and one or both parties stop following or disobey the judge's order. This results in the other party filing a motion for contempt.
Criminal Contempt is governed by N.C.G.S. 5A-11 and is applicable for both a violation of a court order or for displaying disrespect for the court. This is used for punishing conduct that has already occurred. A person found to be in criminal contempt of court is subject to any or all of the following:
1. Censure; and/or
2. Imprisonment for up to thirty (30) days; and/or
3. A fine not to exceed $500.00.
Civil Contempt is governed by N.C.G.S. 51-21 and is applicable when a party is intending to compel compliance with a court order. This is used for conduct that is ongoing. Unlike criminal contempt, this aims to restore the rights of a wronged party. Civil contempt sanctions end when the party complies with the court order. A person found in civil contempt can be imprisoned so long as the civil contempt continues, not to exceed ninety (90) days, so long as there are purge provisions in place, meaning the party is given the opportunity to be informed of what he or she can do to get in compliance with the order.
At King & Rowe, PLLC, we are happy to discuss filing a motion for contempt or defending you from such a motion. If you would like to explore your options, please call our office to setup a consultation.
Contact us today 828-466-3858.