What is the Difference Between Civil Contempt and Criminal Contempt? The judge typically summarily issues direct contempt orders immediately without hearing or argument. An individual who is accused of indirect contempt has a right to notice, counsel, and a hearing.īecause direct contempt is witnessed by the judge, much less is required by way of due process than in the case of indirect contempt. The primary purpose of direct contempt orders is to maintain order in the courtroom.Īny contemptuous actions that are not witnessed by the judge are classified as indirect contempt. What is the Difference Between Direct Contempt and Indirect Contempt?ĭirect contempt occurs when the contemptuous conduct occurs in the presence of the judge. Whether the contempt is civil or criminal it may be direct contempt or indirect contempt. Contempt may be either a civil penalty or a criminal penalty. If you are held in contempt of court, the court may impose a monetary fine or jail time. The purpose of this article is to explain contempt of court in Illinois, including the difference between civil contempt and criminal contempt in Illinois, the difference between direct contempt of court and indirect contempt of court and Rule to Show Cause proceedings.Īn individual may be held in contempt of court for any actions that obstruct the administration of the court’s justice or that are intended to disrespect the court’s authority.
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