What is the difference between civil and criminal contempt?

The difference between civil and criminal contempt boils down to two key aspects: the nature of the offense and the type of punishment being handed down. Civil contempt is when an individual or organization fails to comply with a court order, such as to pay child support or comply with a restraining order. Criminal contempt is a wilful and intentional disrespect for the court by refusing to follow a court order, which can include disrupting proceedings, using strong language, or refusing to obey a decision. When it comes to the nature of punishment, civil contempt is used to coerce a party to comply with the court order, while criminal contempt is a punishment, either by a fine or imprisonment. In Washington, civil contempt is usually enforced by the court ordering the contemnor to pay a specific fine or perform certain tasks. If, after a period of time, the contemnor still refuses to follow the court order, the court can find them in criminal contempt, which can result in fines or even jail time for the contemnor. In addition, the standard of proof required for civil and criminal contempt is different in Washington. In civil contempt, the court only has to prove that the contemnor willfully failed to comply with a court order. For criminal contempt, the court has to prove, beyond a reasonable doubt, that the contemnor willfully and intentionally disobeyed or resisted a court order. Ultimately, civil and criminal contempt both involve an act done in defiance of the court, but their differences lie in the nature of the offense and the type of punishment.

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