Last Updated on February 21, 2025
If you’ve ever watched a TV show or movie that shows a courtroom scene, there’s a good chance that one of the characters has done something that would be considered contempt of court. Unfortunately, what makes for a fair, lawful courtroom environment rarely makes for interesting entertainment to the general public. To keep actual courtrooms from bursting into the type of chaotic courtroom scenes shown in movies, some behaviors considered disrespectful to the court are prohibited by law. Contempt of court can be either criminal or civil. In Vista, criminal contempt of court is covered by CaliforniaPenal Code section 166 (PC).
What is Contempt of Court?
California defines contempt of court under Penal Code section 166 (PC), that states the offense occurs when a person demonstrates “disorderly, contemptuous, or insolent behavior committed during the sitting of a court of justice, in the immediate view and presence of the court, and directly tending to interrupt its proceedings or to impair the respect due to its authority.” The law covers a wide array of behaviors that are considered to be disrespectful of the court, including:
- Interrupting court proceedings
- Being loud or disorderly in court
- Refusing to be sworn in
- Willfully disobeying a court order
- Publishing a false report of court proceedings
- Disobeying an injunction
- Violating a stay away (restraining) order (this specific form of contempt is charged under 273.6 (PC) rather than 166 (PC))
- Possessing a firearm in violation of a court order prohibiting gun use (this restraining order type is filed under 29825 (PC))
Contempt of Court Defenses
When a person is accused of violating 166 (PC), they can face criminal charges just like they would for any other crime. Defendants in these charges have the opportunity to defend themselves against the allegations, and the prosecution must prove the charges beyond a reasonable doubt. If you are accused of contempt of court while on trial for one criminal charge, you will face separate charges for contempt. These charges can continue progressing through the legal process, even if you are acquitted of the original charges.
Fortunately, there are many strong defenses to this crime. In many cases involving court orders and injunctions, the strongest defense is that you did not act willfully. “If I have a client who fails to appear in court after suffering from a medical emergency or a vehicle breakdown, this is the first thing I will communicate to the District Attorney and judge,” says attorney Peter Liss. “If the court date wasn’t missed intentionally, the matter will usually go no further, and no charges will be filed.”
In other cases, the best defense is to claim you were falsely accused or that you did not act disorderly. Ultimately, the right defense is something you should discuss with your defense lawyer.
Is Contempt of Court a Felony or a Misdemeanor in Vista?
Contempt of court, when filed under 166 (PC), is a misdemeanor, punishable by up to six months in jail and a fine of $1,000. “In my experience,” says Liss, “most people charged with this crime are only sentenced to probation.”
“There is also Civil Contempt for violating a judge’s order in a civil case,” explains Liss, “which is punishable by up to 5 days in jail for each violation. I am currently defending a civil contempt case involving a property dispute.” Because the charges stem from civil charges, they are considered quasi-criminal. Though these charges require proof beyond a reasonable doubt, they involve only a bench or judge trial, not a jury trial.
“The most common contempt charge, and the one filed the most frequently in San Diego, is violating a Domestic Violence Restraining Order by contacting the protected party,” says Liss. However, you could face a year in jail if you have been accused of violating a restraining order (also called a protective or stay-away order). If someone was injured as a result of your actions, the law requires you to spend a minimum of 2 days in jail. A second violation of this type is a wobbler, meaning it could be filed as a misdemeanor or felony, and as a felony, you could face three years in prison. Violating a stay-away order issued for domestic violence will also result in a court-ordered 52-week domestic violence program.
Violating a court order restricting your possession of a firearm is also a wobbler with a maximum penalty of three years.
Many of those charged with contempt will also face similar criminal charges under the law, such as perjury, stalking, or failure to appear.
“If you have been accused of contempt of court or a similar offense, you need a San Diego attorney experienced with fighting charges related to 166 PC,” says Liss. “I have over 40 years of experience, and I can help you too.” Please call (760) 643-4050 or (858) 486-3024 to schedule a free consultation in Peter Liss’ legal offices right across the street from the Vista courthouse and jail.
