The issue of contempt begins with a valid court order and the party who alleges a violation of an Order must actually file a Motion for Contempt.
A Motion for Contempt typically alleges that the violating party is in both Civil and Criminal Contempt. Upon filing for a Motion for Contempt, the party filing the Motion submits paperwork to their assigned judge requesting that an Order to Show Cause be issued.
What is the difference between Civil and Criminal Contempt? In simple terms, the following is a short explanation distinguishing Civil and Criminal Contempt.
Criminal contempt is a punishment for refusing to obey a court order, among other actions and to punish past behavior. Criminal contempt is a punishment with a fine limited to $500.00 and/or jail up to 30 days.
Civil contempt is intended not to punish the offender but to force present compliance with a court order. An ongoing violation of a custody order pursuant to an Order of Civil Contempt has jail as the only punishment however the Order must contain a purge provision (which is what a violator must do to get out of jail) The purge condition must be outlined clearly in the contempt Order. Essentially, it is said that the violator has the "keys to the jail" by complying with the purge condition.
