Hawaii Motion for an Order of Contempt for Violation of Injunction

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Multi-State
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US-02226BG
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Description

Contempt refers to any willful disobedience to, or disregard of, a court order or any misconduct in the presence of a court; action that interferes with a judge's ability to administer justice or that insults the dignity of the court.


There are essentially two types of contempt:

" Disrespect to the decorum of the court (being rude, disrespectful to the judge or other attorneys or causing a disturbance in the courtroom, particularly after being warned by the judge) and

" Willful failure to obey an order of the court.


This form deals with such a willful failure. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

H.R.S. §729-1 ("Whoever, after trial by jury, is adjudged guilty of contempt of any court... shall be fined not more than $500 or imprisoned not more than two years....").

Criminal contempt serves two specific purposes. First, it serves to punish an individual for failure to comply with a lawful congressional subpoena. Those who willfully refuse valid congressional demands can be held accountable through the criminal law.

Under the Federal Rules of Civil Procedure (FRCP) Rule 70, a party that fails to perform a specific act, in ance with a judgment by a court, can be charged with contempt and subsequently penalized.

Criminal contempt of court refers to disobedience of an order of the court which carries criminal penalties. Common examples of conduct which may result in criminal contempt of court charges include insulting the judge or creating a disturbance at trial.

Common defenses to a charge of criminal contempt include, but are not limited to: insufficient evidence to prove defendant willfully disobeyed a court order, ambiguity in the court's order, mistake of fact, statute of limitations, inability to perform, and more.

A request for a rule to show cause or an adjudication of indirect criminal contempt or indirect civil contempt must be made by written petition, must specifically identify the order or provision alleged to have been violated, and must be properly served on the responding party.

Sentence. If the matter is heard without a jury, and upon a finding of direct criminal contempt, the Court may impose a fine not to exceed five hundred dollars, a jail sentence not to exceed six months, or both.

The Supreme Court has repeatedly held that federal courts possess inherent authority to punish contempt?i.e., disobedience of a court order or obstruction of justice?and to impose other sanctions on parties or attorneys who engage in misconduct. See United States v. United Mine Workers, 330 U.S. 258, 299 (1947).

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Hawaii Motion for an Order of Contempt for Violation of Injunction