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Criminal Contempt Procedure A person charged with a criminal offense, i.e. criminal contempt of court, is entitled to notice of the charges against him. The Petition for Contempt must contain notice sufficient to put the defendant on notice, specifically, of the violations of the court order.
Although a petition seeking either civil contempt or criminal contempt may result in a person being incarcerated, a civil contempt petition focuses upon compliance and contemplates that a person can cure or purge his/her contempt and be released from custody.
Punishment for criminal contempt is confinement in jail, fine, or both. The maximum period of confinement is 10 days/$50 fine for each violation. Each violation of the court order is a separate violation, and the court can sentence a person to consecutive sentences.
As punishment for being in contempt, Tennessee Code Annotated § 29-9-103 provides in relevant part: (a) The punishment for contempt may be by fine or by imprisonment, or both.
A Petition for Civil Contempt shall set forth the provisions of the order alleged to be violated, set forth the factual violations of the order, allege that the violations of the court order were willful, and allege that the person has the present ability to comply with the court order.