Topics on this page:

• Generally
• Direct or Constructive Contempt
• Jurisdiction
• Petition for Contempt
• Show Cause Order
• Service
• Show Cause Hearing
• Judgment or Order

 

Generally

A person is said to be in contempt of court when they undertake certain actions. These actions are offenses against the court in its capacity as an administrator of justice. The person who is not following the court order is called the contemnor.

Common examples of a person acting in contempt of court include:

• Disregarding a court order to take or not take an action. 
• Interfering with or harming parties or their witnesses during a case.
• Blocking or hindering the court in its duties.

The court's contempt power is a way for the court to require people to do or not do something. Maryland courts generally require strict compliance with orders of court and adherence to the rules of procedure. 

This article will focus on how a party to a case would file a petition for contempt. This petition notifies the court that a party is not following a court order and asks the court to use its contempt power to compel the person to follow the court order.

 

Direct or Constructive Contempt

There are two types of contempt: direct and constructive.

Direct Contempt 

Direct contempt occurs in the presence of a judge, often in a courtroom. An example of direct contempt is when a party purposely misses a scheduled court hearing without a legitimate excuse. 

Constructive Contempt 

Constructive contempt occurs outside the courtroom and outside  the personal knowledge of a judge. An example of constructive contempt is when a party does not pay child support as required by a court order.

Read the Rule: Md. Rule 15-202

 

Jurisdiction

The court must have jurisdiction over a person to find them in contempt. To have jurisdiction over a person means the court has the power to hear the case and render a judgment against a specific defendant or party. The court may exercise its jurisdiction if the contemnor:

• lives within the state;
• lives in a state that has a reciprocal agreement with Maryland; or,
• in the case of enforcing a monetary agreement if they own property in the state (e.g., real estate, bank accounts, a business, or stocks and bonds).

Read the law: Md. Code, Courts and Judicial Proceedings, Title 6, Subtitle 1

 

Petition for Contempt

Any party to a case can file a petition for contempt in the case where the alleged contempt occurred. Unless the court decides that the petition is frivolous on its face, the court will issue an order to show cause to the contemnor. An example of a petition for contempt can be found on the court form: CC-DR-112.

Read the Rule: Md. Rule 15-206

 

Show Cause Order

The order to show cause provides the contemnor the opportunity to present their version of events. The order to show cause will provide a date of a prehearing conference, a hearing, or both. The scheduled hearing date should provide the contemnor with enough time to prepare a defense – not less than 20 days after the prehearing conference. The location of the hearing will be provided (generally the location of the hearing will be the courthouse where the original case was filed). The order will also notify the contemnor to file a written answer within 10 days after service of the show cause order. 

Read the Rule: Md. Rule 15-206

 

Service

The petition and show cause orders must be served on the contemnor in accordance with the Maryland Rules. Learn more about service of process.

 

Show Cause Hearing

A person accused of contempt must be given the opportunity to be heard and present evidence. The party who filed the petition for contempt (“the Petitioner”) must prove contempt by a preponderance of the evidence – that is, it is more likely than not that contemnor is in contempt of a court order. 

When a court order requires or forbids a certain action, the petitioner must show that the respondent did or did not do what was ordered. When the order demands a money payment, the petitioner must show that it wasn't paid.

Read the Case: Lynch v. Lynch, 342 Md. 509 (1996).

 

Judgment or Order

If the court finds the contemnor in contempt of court, the court must issue a written order containing the following:

• whether the contempt is civil or criminal,
• the evidentiary facts that form the basis of the court's findings,
• the sanction imposed for the contempt,
• in the case of civil contempt, how the contempt may be purged, and
• in the case of criminal contempt
  • if the sanction is incarceration, a determinate term, and 
  • any condition under which the sanction may be suspended, modified, revoked, or terminated.

Read the Rule: Md. Rule 15-203