Contempt of court is disobedience to or disrespect of a court by acting in opposition to its authority. The power to punish for contempt is an inherent power of a court and an essential element of judicial independence and authority. A court’s power to punish by contempt order allows the court to enforce its orders.

Actions constituting contempt of court can be divided into two categories: direct and constructive. Direct contempt involves disobedience or disrespect that occurs within the presence of the court. Constructive contempt occurs outside the court’s presence. The distinction between direct and constructive contempt is important because it determines the procedural protections that must be provided.

Contempt punishment can be divided into criminal and civil. Civil contempt is coercive, and the contemnor (person held in contempt) may obtain his release by complying with the court’s order. In criminal contempt proceedings, the court punishes the contemnor for improper actions and no subsequent voluntary compliance can avoid punishment for past acts. Criminal contempt proceedings require additional due process protections. The required constitutional protections depend on whether the criminal contempt is serious or not. Serious criminal contempt involves imprisonment for more than six months. However, even for non-serious criminal contempt proceedings, courts have held that parties are entitled to advance notice of their potential punishment.

Finally, because due process requires not only notice, but an opportunity to be heard, a person accused of contempt is also entitled to present a defense to the alleged contempt.

In California, contempt of court refers to acts of disobedience or disrespect towards the court's authority, which can occur either directly in the court's presence or constructively outside of it. The state recognizes the court's inherent power to enforce its orders through contempt proceedings. Contempt can be categorized as either civil or criminal. Civil contempt is used to compel compliance with the court's orders, and the contemnor can be released upon compliance. Criminal contempt, on the other hand, is punitive for actions against the court's authority, and compliance after the fact does not negate the punishment for past acts. Criminal contempt can be further classified as serious or not, with serious criminal contempt typically involving imprisonment for more than six months and requiring additional due process protections. In all cases of criminal contempt, the accused must be given advance notice and an opportunity to present a defense. Due process is a constitutional requirement in these proceedings, ensuring that individuals have the right to be informed of the charges and to defend themselves before the court.