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 Wisconsin, contempt of court is treated as a serious matter, reflecting its national legal significance. Direct contempt occurs in the presence of the court, such as outbursts or failure to follow court procedures, while constructive contempt happens outside the court's immediate purview, like failing to pay court-ordered support or not adhering to a custody arrangement. Wisconsin law distinguishes between civil and criminal contempt. Civil contempt aims to compel compliance with a court order, and the contemnor can be released upon fulfilling the court's demands. Criminal contempt, on the other hand, is punitive for actions that defy or disrespect the court, and compliance after the fact does not negate the punishment. Serious criminal contempt in Wisconsin could lead to imprisonment for more than six months and requires full due process protections, including notice and an opportunity to present a defense. Even non-serious criminal contempt charges warrant advance notice of the charges and potential penalties. The right to due process ensures that individuals accused of contempt in Wisconsin have the chance to be heard and to defend themselves against the allegations.