What is the difference between civil and criminal contempt?

Civil and criminal contempt are two distinct types of court proceedings in Pennsylvania. Civil contempt is a procedure used to enforce compliance with a court order or court-imposed obligation, or to protect the other parties to a lawsuit. Civil contempt is typically related to failure to obey a direct court order. Common civil contempt situations can involve failure to pay court-ordered child support or failure to comply with a court order to return property to another party. Penalties for civil contempt can include fines, jail time, or both. Criminal contempt is a type of criminal offense in which someone willfully and knowingly violates an order of the court. Unlike civil contempt, criminal contempt is meant to punish someone for their behavior rather than incentivize compliance. The penalties for criminal contempt can include probation, fines, and/or jail time. In either civil or criminal contempt proceedings, the court must demonstrate that the alleged violator had knowledge of the court order or obligation. This is known as the “Mississippi Rule” in Pennsylvania. Knowledge can be proven by direct or circumstantial evidence. If the court finds that knowledge does exist, then the alleged violator may be found in contempt and be subject to penalties.

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