What is the statute for indirect criminal contempt in PA?
Asked by: Justen Gulgowski | Last update: December 23, 2025Score: 4.9/5 (33 votes)
An Indirect Criminal Contempt is charged under Pennsylvania statute 23 Pa. C.S. section 6113. It is contempt of Court—in other words, it alleges that you have violated the Court's order.
What is indirect criminal contempt in Pennsylvania?
An indirect criminal contempt is a violation of one or more of the non-economic conditions placed on the defendant by an emergency, temporary, or permanent PFA Order. 9. If a violation occurs, what should be done? Phone the police immediately if the person against whom your PFA is ordered violates the PFA Order.
What constitutes indirect contempt?
A contempt is indirect when it occurs out of the presence of the court, thereby requiring the court to rely on the testimony of third parties for proof of the offense. It is direct when it occurs under the court's own eye and within its own hearing.
What is the statute 23 6113 in PA?
A police officer or sheriff shall arrest a defendant for violating an order issued under this chapter by a court within the judicial district, issued by a court in another judicial district within this Commonwealth or a foreign protection order issued by a comparable court.
What is the punishment for contempt of court in PA?
(c) Punishment. --Punishment for contempt specified in subsection (a)(1) or (3) may be a fine of not more than $100 or imprisonment for not more than 30 days, or both. Punishment for contempt specified in subsection (a)(2) shall be a fine of not more than $100.
Indirect Criminal Contempt Charges
How long can a judge keep you in jail for contempt?
Once a person is found in contempt, the judge then adds a punishment term. The punishment is mainly a fine or confinement in jail for a brief period of time. Confinement is usually a day or two, but occasionally can be six months or more.
How long is a sentence for contempt?
Criminal Contempt is generally prosecuted as a misdemeanor punishable by up to six months in county jail, three years of informal probation, and a fine of $1000. The penalties for the more serious acts of Contempt of Court can range from one year in county jail to three years in state prison.
What is the statute 3310 in PA?
--The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon and the condition of the highway.
What is the statute 3122.1 in PA?
--A person commits a felony of the first degree when that person engages in sexual intercourse with a complainant under the age of 16 years and that person is 11 or more years older than the complainant and the complainant and the person are not married to each other.
What is the statute 23 6114 in PA?
--A court shall have jurisdiction over indirect criminal contempt charges for violation of a protection order issued pursuant to this chapter in the county where the violation occurred and in the county where the protection order was granted.
What is constructive or indirect criminal contempt?
Indirect contempt of court is the violation of a court order outside the immediate presence of the court. Indirect contempt can either be civil or criminal and is also known as constructive contempt of court.
What is coercive contempt?
A "coercive civil" contempt action is one wherein the principal object is respondent's compliance with the court decree. This is to be contrasted with a "compensatory civil" contempt action wherein the principal object is the receipt of an award or compensation.
What is the best defense for contempt of court?
- Unintentional violation of the court order.
- No ability to comply with the court order.
- Lack of knowledge of the court order.
- False accusation of disobeying the court.
What is indirect contempt?
Contempt of court is of two kinds, namely: direct contempt, which is committed in the presence of or so near the judge as to obstruct him in the administration of justice; and constructive or indirect contempt, which consists of willful disobedience of the lawful process or order of the court.
How do you prove criminal contempt?
The contempt must be willful. There must be a finding that the defendant has the present ability to comply with the court order and refuses to do so. The burden of proof is on the party bringing the contempt charge, but the burden shifts when the court issues a show cause order after a finding of probable cause.
What is a writ of bodily attachment indirect civil contempt?
A writ of body attachment is a process issued by the court directing the U.S. Marshal to bring a person who has been found in civil contempt before the court. The process may also be called an order of commitment for civil contempt or a warrant for civil arrest.
What is the statute 7122 in PA?
§ 7122. Altered, forged or counterfeit documents and plates.
(5) provides a certificate of inspection where there is no valid proof of financial responsibility.
What is the statute 3321 in PA?
Vehicle approaching or entering intersection. (a) General rule. --When two vehicles approach or enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
What is the statute 3102 in PA?
§ 3102. Mistake as to age.
When criminality depends on the child's being below a critical age older than 14 years, it is a defense for the defendant to prove by a preponderance of the evidence that he or she reasonably believed the child to be above the critical age.
What is the Act 129 in PA?
The General Assembly enacted Act 129 to require Pennsylvania's seven largest electric distribution companies (EDCs) to develop energy efficiency and conservation (EE&C) plans and adopt other methods of reducing the amount of electricity consumed by customers.
What is the Act 148 law in PA?
In 1988, the Pennsylvania legislature passed the Confidentiality of HIV-Related Information Act, (commonly known as Act 148) to prevent unauthorized HIV testing and disclosure of HIV-related information without an individual's consent.
What is the statute 3331 in PA?
(1) A left turn shall not be made from any other lane. (2) A vehicle shall not be driven in the lane except when preparing for or making a left turn from or into the roadway or when preparing for or making a U-turn when otherwise permitted by law. (e) Interference with pedalcycles.
Can I file a contempt of court without a lawyer?
Do I need a lawyer to ask for a contempt order? You don't need an attorney to file a Motion for Contempt, but it is a good idea to have one. If you decide to represent yourself, you can go to the courthouse that made the order and ask for help at the Court Service Center.
What is the federal criminal contempt statute?
There are four essential elements under 18 U.S.C. § 401(1). They are: (1) misbehavior of a person; (2) in or near to the presence of the court; (3) which obstructs the administration of justice; and (4) which is committed with the required degree of criminal intent.
How long can someone be held in contempt of court?
The length of incarceration can range from a few days to several months, again depending on the circumstances of the contempt.