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 Massachusetts, contempt of court encompasses both direct contempt, which occurs in the presence of the court, and constructive contempt, which occurs outside of it. The state recognizes the distinction between these two forms as it affects the procedural safeguards that must be afforded to the accused. Civil contempt in Massachusetts is used to compel compliance with a court order, and the individual can be released upon adherence to the order. Criminal contempt, on the other hand, is punitive, and compliance after the fact does not negate the punishment for the act of contempt. For serious criminal contempt cases, where imprisonment may exceed six months, the accused is entitled to full due process protections, including the right to notice and a fair trial. Even in cases of non-serious criminal contempt, the individual must receive advance notice of the charges and potential penalties, and they have the right to present a defense. These provisions ensure that the process respects the individual's constitutional rights while maintaining the authority and independence of the judiciary.