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Criminal Contempt

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Criminal Contempt of Court in Missouri

Criminal contempt of court is a serious offense in Missouri. It is often misunderstood as a procedural issue or a warning-level violation. It is not.

Criminal contempt is quasi-criminal, meaning it carries real penalties, including jail time. These cases arise when a court believes its authority has been disobeyed, ignored, or challenged. Judges take contempt personally, and the consequences can escalate quickly.

Never assume contempt is minor. Never handle it alone.

Defense Experience Matters in Criminal Contempt Cases

Criminal contempt cases are different from ordinary criminal charges. The court itself is often the complaining party. The judge controls the courtroom, the procedure, and in many cases the sanctions.

Attorney Thomas Kissell defends individuals accused of criminal contempt and understands how these cases intersect with:

  • Orders of protection
  • Bond conditions
  • Family court orders
  • Prior criminal cases
  • Alleged violations of court directives

How contempt is handled often determines whether a situation resolves quietly or results in incarceration.

What Is Criminal Contempt of Court

Criminal contempt occurs when a person is alleged to have willfully disobeyed or resisted a lawful order of the court.

Unlike civil contempt, which is designed to force compliance, criminal contempt is designed to punish past conduct.

Criminal contempt commonly arises from:

  • Violating an order of protection
  • Ignoring no-contact orders
  • Disobeying bond conditions
  • Failing to comply with court directives
  • Disruptive or defiant conduct in court

Intent matters. The court must believe the conduct was knowing and willful.

Missouri Law Governing Criminal Contempt

Missouri courts derive contempt authority from Chapter 476 of the Missouri Revised Statutes, as well as the court’s inherent power to enforce its orders.

Criminal contempt is not always charged like a traditional criminal case, but the consequences are very real and punitive in nature.

Because contempt is quasi-criminal, defendants are entitled to fundamental protections, including notice and an opportunity to be heard.

Criminal Contempt Is Not the Same as a New Criminal Charge

Many people assume contempt is simply another criminal charge. It is not.

Key differences include:

  • The court may initiate the proceeding
  • The judge may act as fact finder
  • Sanctions are often imposed quickly
  • Jail time can be ordered immediately

This is why contempt proceedings are dangerous without counsel.

Common Situations That Lead to Criminal Contempt

Criminal contempt charges often arise from:

  • Alleged violations of orders of protection
  • Contact with prohibited individuals
  • Failure to comply with court-ordered programs
  • Ignoring deadlines or court instructions
  • Repeated noncompliance with prior orders

What seems minor to a defendant is often viewed very differently by the court.

Penalties for Criminal Contempt of Court

Penalties for criminal contempt vary based on the conduct and the court involved.

Possible consequences include:

  • Jail time
  • Fines
  • Additional court restrictions
  • Escalation of penalties for repeat conduct
  • Incarceration without probation

Because contempt is punitive, courts are not required to give repeated warnings before imposing sanctions.

 

Relationship to Orders of Protection and Violations

Criminal contempt is commonly used to enforce:

  • Temporary orders of protection
  • Full orders of protection
  • No-contact orders
  • Bond conditions

In many cases, an alleged violation of an order of protection results in both a new criminal charge and a criminal contempt proceeding.

These cases rarely exist in isolation.

Why You Should Never Try to Explain Contempt on Your Own

Statements made to the court or law enforcement after alleged contempt are often the strongest evidence against you.

Attempting to explain:

  • Why you thought the order did not apply
  • Why contact seemed allowed
  • Why compliance was difficult

Almost always makes the situation worse.

Silence and strategy matter.

How Criminal Contempt Cases Are Defended

  • Effective defense focuses on the order itself, the alleged conduct, and the required intent.

    Defense strategies may include:

    • Challenging whether the order was clear and enforceable
    • Disputing whether the conduct violated the order
    • Attacking the allegation of willful intent
    • Challenging notice and procedural defects
    • Limiting sanctions and incarceration

    Early involvement is critical.

Why These Cases Escalate Quickly

  • Criminal contempt cases escalate because:

    • Judges expect strict compliance
    • Courts view violations as challenges to authority
    • Repeat allegations are punished more severely

    What begins as a misunderstanding can quickly turn into jail time.

Penalties

  • Felony offense
  • Prison exposure
  • Longer probation terms
  • Permanent criminal record
  • Domestic Assault in the Second Degree RSMo 565.073

    • Domestic Assault in the Second Degree involves allegations of serious harm or dangerous conduct. Common allegations include:
      • Knowingly causing serious physical injury
      • Causing injury by means of a deadly weapon
      • Conduct creating a substantial risk of death
  • What To Do If You Are Facing Criminal Contempt

  • If you are accused or facing a contempt hearing:
    • Do not attempt to explain or justify the conduct
    • Do not speak to law enforcement without counsel
    • Do not assume the court will be lenient
    • Contact an experienced defense attorney immediately
    Mistakes in contempt cases are often irreversible.
  • Confidential Consultation for Criminal Contempt Defense

  • Attorney Thomas Kissell of Kissell Law Group defends individuals facing criminal contempt proceedings across Missouri. If you are accused of violating a court order or facing a contempt hearing, time matters. These cases move quickly and carry real jail exposure. Initial consultations are absolutely free. All consultations are confidential and judgment-free. Contact Kissell Law Group today to protect your rights.
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