Criminal and civil contempt are not the same
Criminal contempt is prosecuted like other crimes, by a prosecutor, and in New York it most often arises from an alleged violation of an order of protection. It can be charged as a misdemeanor or, in some circumstances, a felony. Civil contempt is usually raised by the other party in a family, divorce, or commercial case, and its main purpose is to make someone comply with an order, such as one requiring support payments or the turnover of documents. The same conduct can sometimes lead to both. Which one you face determines who is on the other side, what has to be proven, and what is at risk.
When the issue is a missed obligation
Civil contempt motions often concern money or documents. In New York support cases, failing to pay as ordered is generally treated as evidence that the failure was willful, which shifts the burden of explaining onto the person who did not pay. A willfulness finding can carry serious consequences, including jail in some cases. Records of a job loss, a medical problem, reduced income, or partial payments become central, as does any request you made to modify the order. Respond to the motion by the date on the papers; ignoring it tends to make the situation worse.
Courtroom conduct and next steps
A judge can also address disruptive conduct in the courtroom itself, sometimes on the spot, through a separate and narrower process. For any contempt matter, bring the order you are accused of violating, every paper served on you since, and anything showing what you did to comply. If the charge is criminal contempt tied to an order of protection, follow the order exactly while the case is pending and do not reach out to explain. In a first conversation we identify which kind of contempt is alleged, which court it is in, and the next date. We then look at whether the underlying order should be modified so the problem does not repeat.
