The law prohibits being disrespectful or disobedient to the court and its officers. Contempt of court can take several forms, including disobeying a court order and disrupting a court process. It is a misdemeanor offense, punishable by a maximum of six months behind bars and a court fine. A conviction for contempt of court can significantly impact various aspects of your life, including your social and professional lives. It leaves you with a criminal record publicly available to anyone who conducts a background check.

But you can fight your charges to avoid a conviction and its severe consequences. Partnering with a skilled criminal lawyer can improve your chances of obtaining a favorable outcome for your case. Here is detailed information about contempt of court, its implications, and acceptable legal defense strategies to help you decide what to do after your arrest.

Contempt of Court is a Crime

It is a crime to do anything the law prohibits or to fail to do what it requires. PC 166 makes it unlawful for anyone to be in contempt of a court. Being in contempt of court means disobeying or disrespecting the court, its orders, or officers of the court. You can violate this statute in so many ways, including the following:

  • Disrespectfully conducting yourself during a court process, for example, disturbing the peace of everyone in court, being too loud, or ridiculing the court clerk or other court officers.
  • Knowingly disobeying a legal written court order, for example, a stay-away order, child custody order, or divorce decree.
  • A witness who refuses to be sworn in by the court clerk.
  • Failing to answer material questions as a witness in a legal case without a legal exception.
  • Writing or releasing a false publication of a court process.
  • Knowingly disobeying the terms and conditions of a particular legal injunction.
  • Violating a restraining or protective order involving elder abuse, domestic violence, or the abuse of an adult dependent.

The prosecutor must prove every element of your offense beyond a reasonable doubt for the court to find you guilty of contempt. For example, they must demonstrate that you knowingly or willingly violated a court order. Willfully committing a crime means that your actions were willful or done on purpose.

Remember that this law covers various criminal acts that people willingly commit daily. However, the most typical form of contempt is violating a court order. A court order is a directive by the judge on how you should conduct yourself following the conclusion of a particular legal matter. For example, after a divorce, the judge issues a court order on how the couple must divide community property, who should have custody of children, who should pay child support and/or alimony, and how child visitation should be done.

A court order is usually a final directive. Though you can challenge it by filing a petition in court, you must abide by it for the given period until the judge issues a different order. Here are elements of contempt of court that the prosecutor must prove for the judge to deliver a guilty verdict:

  • A judge gave a particular court order.
  • You were aware of that court order.
  • You were capable of complying with that order.
  • But you willfully chose not to do so.

For example, the judge grants your partner custody of your child in divorce. You are present in court with your attorney when the judge issues the order. In that case, you are aware of the order. But you take your child home with you in violation of the court order. The judge can order your arrest for contempt of court.

Knowledge is an essential aspect of this law. The prosecutor must prove that you were aware that your actions violated the law. It means that you were aware of the validity of the court order and had the opportunity to hear it from your attorney or read it in the written order.

Note: Children and adults alike can face criminal charges for contempt of court.

Possible Penalties for Contempt of Court

PC 166 is mainly a misdemeanor offense. A conviction under this statute could result in the following penalties:

  • Six months of jail time.
  • Misdemeanor probation.
  • $1,000 in court fines.

Note that the judge has absolute discretion in deciding your penalty. They can sentence you to jail or place you on probation. If the judge gives you misdemeanor probation, you will serve your sentence out of detention. But you will be on probation longer than you would be in jail. Misdemeanor probation lasts between one and three years.

Before releasing you to start your probation sentence, the judge will give you a set of probation conditions to abide by. For example, they could require you to stay out of legal trouble for that period, submit progress reports to the court, and participate in community service. You must not violate your probation, which could result in additional penalties. The judge could also reinstate your jail sentence.

Some situations related to contempt of court can result in more severe penalties. For example, the following:

  • Violating the terms and conditions of a restraining order related to a domestic violence case.
  • If you violate the conditions of a restraining order and have a previous conviction for stalking on your record.
  • Possessing or owning a gun against the terms and conditions of a court order.

Though the prosecutor can still charge these violations as misdemeanors, the likely jail penalty increases to one year instead of six months.

Felony Charges for Contempt of Court

According to PC 166(c)(4), the prosecutor can file felony charges for contempt of court under specific circumstances. For example, if you have a history of violating restraining orders. In this case, the prosecutor can file misdemeanor or felony charges, depending on the details of your case. Their decision is based on the following:

  • If the previous restraining order violation occurred within seven years.
  • The violation was violence-related, or you issued threats of violence against the alleged victim.
  • The restraining order you violated was due to domestic violence, sexual violence against a child, elder abuse, or dependent abuse.

If the prosecutor files misdemeanor charges, your penalty could include a one-year jail sentence. A felony convocation is punishable by sixteen months, two, or three years in prison.

Note: Under these exceptional circumstances, contempt of court becomes a wobbler offense since the prosecutor can file misdemeanor or felony charges.

Expungement of Your Criminal Record

A criminal conviction, even for a minor offense, profoundly affects several aspects of your life. You continue to experience some effects even after serving your time or probation and paying all court fines. For example, having a criminal record could affect how easily you find a job or a house to rent. Potential employers and landlords are some of the people who conduct background checks to determine who to hire or rent to.

That is why expunging your criminal record is an excellent idea. Fortunately, the law allows for expungement as long as you meet the required criteria set by the court. For example, you must file a petition once you complete your jail sentence or probation and have paid all court fines. You must also not be on record for violating your probation. If you meet the requirements, you can file an expungement request in court with the help of your attorney.

The judge will review your case details and probation report to respond to your petition. They can grant or deny your request based on your performance after conviction. If the judge grants your request, they will remove your conviction record from your criminal history. Anyone conducting a background check on you will not find that information. That eliminates and frees you from all the negative impacts and disabilities of a criminal conviction.

Defending Yourself Against Charges Under PC 166

Fighting your charges is an excellent idea, as it could result in a more favorable outcome. A skilled criminal attorney can help you develop a strong defense against your charges. They can use the best legal defense strategies to compel the judge to dismiss or reduce your charges. Here are some of the techniques your attorney can use after your arrest for contempt of court:

You Did Not Violate a Court Order

If you face charges under PC 166 for violating a court order, your attorney can demonstrate that you did not. The kind of evidence and argument your attorney will use will depend on the particular court order you have allegedly violated.

For example, if you are accused of violating a stay-away order following a domestic violence case, your attorney can demonstrate that you did not contact the alleged victim. It could be that someone else contacted them, purporting to be you, or they saw someone who looks closely like you. If the prosecutor cannot demonstrate beyond a reasonable doubt that you violated PC 166, the judge will dismiss your charges.

You Did Not Act Willfully

Remember that contempt of court results from a deliberate attempt to disobey the court or its officials or disregard court rules. The prosecutor must demonstrate that your actions were willful or intentional for the judge to issue a guilty verdict. Since it is challenging for prosecutors to prove a person’s intent beyond a reasonable doubt, a competent attorney can argue that your actions were accidental and not deliberate.

For example, running into the alleged victim in the mall could have been merely coincidental and not a deliberate act to violate a stay-away order.

The judge will dismiss your charges if you did not intend to commit the crime.

Your Conduct in Court was Not Disorderly

Remember that disorderly conduct in court is one reason the prosecutor can charge you with contempt of court. Your attorney can defend it during trial to compel the judge to dismiss your charges. The law does not clearly describe the conduct you should not display in court. You can fight your charges if, though your conduct was unacceptable, it does not rise to the kind the law prohibits under this statute.

You Are Falsely Accused

Your attorney can use this defense strategy if someone else falsely accuses you of a crime you did not commit. False accusations happen all the time under the law. If you recently fell out with a person, they can falsely accuse you to become even with you, exert revenge, or gain an advantage over you. Fortunately, experienced criminal defense attorneys are familiar with cases like these. Your attorney will know what evidence to obtain and how to use it in court to demonstrate your innocence.

PC 166 and Related offenses

PC 166 is closely related to some typical laws, including the following:

  1. Violation of a Restraining Order

PC 273.6 prohibits any violation of a court-issued restraining order. When judges issue a restraining order, they provide details of what you must do and not do in the order. Your attorney helps you understand these limitations so you can be careful not to violate the order. If you do so, you can face serious charges that could result in a criminal conviction.

  1. Failing to Appear

A court date is a court order for you to appear before a judge on a set date and time. Failure to appear is also one way to be in contempt of court. According to PC 1320, you can face arrest and serious criminal charges for willfully failing to appear.

Find a Competent Criminal Defense Attorney Near Me

Court rules and orders must be treated with the seriousness they deserve. If not, you can face charges for contempt of court. These are serious charges that can result in incarceration, payment of a court fine, and other consequences that result from having a criminal record. Finding a skilled criminal attorney is advisable if you face charges under PC 166 in Sacramento. They will help you understand what your charges mean, the legal implications, the likely penalties, and your options.

Our Foos Gavin Law Firm team can help you through the complex legal process at the most challenging time of your life. We can also help develop a solid defense against your charges to improve your chances of obtaining a fair outcome for your case. Call us at 916-779-3500 to discuss your case and our services in more detail.