Courts generally presume that a lawsuit has been filed in good faith, and a party moving for sanctions against the party who filed a lawsuit or claim must overcome this presumption to prove abuse of the judicial process. Thus, courts distinguish between (1) claims that are ultimately found to be merely groundless (and thus not sanctionable) and (2) claims that are ultimately found to be both groundless and brought in bad faith or for the purpose of harassment (and thus sanctionable). The sanctions rules generally do not require a party or its attorney to be right; they require the party or its attorney to make a reasonable inquiry into the facts and the laws related to the claims.

Contempt of court is broadly defined as disobedience to or disrespect of a court by acting in opposition to its authority. Contempt of court may be punished by the court with civil and criminal sanctions or penalties.

In Virginia, as in other jurisdictions, there is a legal presumption that lawsuits are filed in good faith. To impose sanctions for abuse of the judicial process, the moving party must demonstrate that the opposing party's lawsuit was both meritless and filed with improper motives, such as bad faith or harassment. Virginia follows the principle that while a claim may not succeed, it is not necessarily sanctionable unless it was brought without a reasonable investigation into the facts and the applicable law. This standard is reflected in the Virginia Rules of Professional Conduct, which require attorneys to refrain from bringing or defending a proceeding unless there is a basis in law and fact for doing so that is not frivolous. Contempt of court in Virginia encompasses acts of disobedience or disrespect towards the court's authority, and can result in civil or criminal penalties. The specifics of contempt and sanctions are governed by Virginia statutes and case law, as well as the rules of the particular court in which the matter is being heard.