You’ve seen it before on TV or in the movies. A judge finds someone in contempt and throws that person in jail. This is the only way that a person in a civil case can wind up in jail, and if you violate a court’s order concerning child custody, visitation, etc., you could be found in contempt.
The Mississippi Court of Appeals recently elaborated on contempt. There are actually two types—civil and contempt. Civil contempt is when you are jailed until you comply with the court’s order. For example, when you hear about a reporter being jailed because he wouldn’t reveal his sources when a judge orders him to do so, that is civil contempt. It is said that the contemnor holds the keys to his jail cell because all that has to be done is comply with the order and you will be out of jail.
Criminal contempt is a little more complicated. There are actually two types, direct and constructive. Direct criminal contempt occurs when one, through one’s actions or words, insults or embarrasses the court.
Constructive criminal contempt occurs outside of court, and therefore, there are due process requirements that must be met. (For example, a hearing to show cause why the alleged contemnor should not be found in contempt). If you violate the court’s order regarding some aspect of your divorce, you are subject to being found in constructive criminal contempt.
With both types of criminal contempt, a judge may order you to serve time in jail as punishment for the contemptuous words or actions.
Bottom line—don’t get the judge upset.
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