Indirect contempt of court is the violation of a court order outside the immediate presence of the court. Indirect contempt can either be civil or criminal and is also known as constructive contempt of court.
Common reasons a party is found in indirect contempt of court include failing to attend a hearing, breaching the terms of probation, and refusing to turn over evidence subject to a subpoena. Penalties for indirect contempt of court include fines and potential jail time. In the event the indirect contempt of court is of a civil nature, these penalties can be avoided by simply complying with the court order.
Indirect contempt of court is contrasted with direct contempt of court, or a violation of a court order in the presence of the court. Since indirect contempt occurs outside the view of the court, proceedings for punishing indirect contempt often require more procedural safeguards than direct contempt proceedings. For example, North Carolina’s General Statutes §5A-13 allows summary punishment for direct contempt in criminal proceedings, while indirect contempt requires plenary proceedings. Proceedings for indirect criminal contempt often require that the person charged be given notice of the action, reasonable time to mount a defense, and a trial by jury if requested.
Oklahoma Crimes and Punishment Statute §565 defines indirect contempt as “willful disobedience of any process or order lawfully issued or made by court; resistance willfully offered by any person to the execution of a lawful order or process of a court.”. In contrast, direct contempt is defined in the same statute as “disorderly or insolent behavior committed during the session of the court and in its immediate view, and presence, and the unlawful and willful refusal of any person to be sworn as a witness, and the refusal to answer any legal or proper question; and any breach of the peace, noise or disturbance, so near to it as to interrupt its proceedings.”
[Last updated in March of 2024 by the Wex Definitions Team]