Contempt of court is an act of disobedience or disrespect towards the judicial branch of the government, or an interference with its orderly process. It is an offense against a court of justice or a person to whom the judicial functions of the sovereignty have been delegated.
For a discussion of the law relating to civil and criminal contempt of court, see the Criminal Resource Manual
| General Definition of Contempt | Criminal Resource Manual at 752 |
| Elements of the Offense of Contempt | Criminal Resource Manual at 753 |
| Criminal Versus Civil Contempt | Criminal Resource Manual at 754 |
| Tests for Distinguishing Between Civil and Criminal Contempt |
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| Nature of Relief Sought | Criminal Resource Manual at 755 |
| Mechanical Distinction | Criminal Resource Manual at 756 |
| Purging | Criminal Resource Manual at 757 |
| Criminal and Civil Contempts Elements are Present | Criminal Resource Manual at 758 |
| Indirect Criminal Contempt |
|
| Indirect Versus Direct Contempt | Criminal Resource Manual at 759 |
| Institution of the Action | Criminal Resource Manual at 760 |
| Federal Jurisdiction and Venue | Criminal Resource Manual at 761 |
| Notice Under Rule 42(b) of the Rules of Criminal Procedure | Criminal Resource Manual at 762 |
| Probable Cause of a Willful Violation | Criminal Resource Manual at 763 |
| Necessity of a Demand for Compliance With the Decree | Criminal Resource Manual at 764 |
| Use of a Single Petition to Institute Both a Civil and Criminal Contempt Action | Criminal Resource Manual at 765 |
| Role of the Grand Jury | Criminal Resource Manual at 766 |
| Persons Against Whom the Action May Be Commenced | Criminal Resource Manual at 767 |
| Role of the Prosecutor | Criminal Resource Manual at 768 |
| Defenses |
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| Negation of Essential Elements | Criminal Resource Manual at 769 |
| Statute of Limitations | Criminal Resource Manual at 770 |
| Good Faith Reliance Upon the Advice of Counsel | Criminal Resource Manual at 771 |
| Purging | Criminal Resource Manual at 772 |
| Failure to Attempt to Obtain Compliance Prior to Filing | Criminal Resource Manual at 773 |
| Violation of an Invalid Decree | Criminal Resource Manual at 774 |
| Inability Versus Refusal to Comply | Criminal Resource Manual at 775 |
| Consolidation for Trial of Issues in Civil and Criminal Contempt Proceedings | Criminal Resource Manual at 776 |
| Right to Counsel | Criminal Resource Manual at 777 |
| Privilege Against Self-Incrimination | Criminal Resource Manual at 778 |
| Burden of Proof in a Criminal Contempt Action | Criminal Resource Manual at 779 |
| Direct Contempt |
|
| Witness's Refusal to Obey Court Order to Testify at Trial Versus Witness's Refusal to Obey Court Order to Testify Before a Grand Jury | Criminal Resource Manual at 780 |
| Necessity of Warning of Contemptuous Conduct | Criminal Resource Manual at 781 |
| Summary Punishment at the End of Trial—Judicial Bias | Criminal Resource Manual at 782 |
| Certification of Judge Under Rule 42(a) of the Federal Rules of Criminal Procedure | Criminal Resource Manual at 783 |
| Least Possible Power Rule | Criminal Resource Manual at 784 |
| Jury Trial | Criminal Resource Manual at 785 |
| Public Trial | Criminal Resource Manual at 786 |
| Double Jeopardy | Criminal Resource Manual at 787 |
| Sentencing—Effect of 18 U.S.C. § 401 on the Appropriate Fine or Imprisonment | Criminal Resource Manual at 788 |
| Sentencing—Discretion with Respect to the Appropriate Fine or Imprisonment | Criminal Resource Manual at 789 |
| Appeal | Criminal Resource Manual at 790 |
Updated September 19, 2018