Tyrese Gibson—known for his role in the Fast & Furious franchise– purportedly failed to adhere to a court order requiring more than $70,000 in back child support to be paid. As a result, he was found to be in willful contempt of court. It was the third such hearing, and this time the judge required Gibson’s detainment until the payment was made. Contempt of court is a common charge and one that can result in certain penalties depending on the situation.
Criminal Contempt of Court
When someone disobeys a court order or angers a judge, it can result in contempt charges. It is a criminal matter when criminal penalties are associated with the charges. While the majority of court proceedings occur without incident, there are certain actions that could lead to these charges, including making a disturbance in the courtroom and insulting a judge. Contempt may be either direct or indirect:
Direct Contempt: Direct contempt is up close and personal and occurs within the courtroom, generally involving behaviors that aggravate and/or insult the judge. Charges of contempt could be leveled against courtroom spectators, witnesses, attorneys, and even jurors. Actions that could result in such charges include:
- Remaining seated as the judge comes into the courtroom;
- Attending court while under the influence of alcohol or drugs;
- Quarreling/yelling in the courtroom;
- Intimidating others with threatening gestures, scowling, and/or threats;
- Lying while under oath;
- Using profanity to the point that it disrupts the proceedings.
Indirect Contempt: While direct contempt of court is linked to activity inside the courtroom itself, indirect contempt, also known as constructive contempt of court, is based on actions outside of the courtroom, like in the case of Gibson. He’d been ordered to make payments and allegedly did not comply. Other examples of indirect contempt include:
- Missing a hearing;
- Breaking probation requirements;
- Refusing to turn over subpoenaed evidence;
- Improperly making efforts to communicate with one or more jurors;
- Endeavoring to bribe jurors or court workers;
- Ignoring instructions in a protective order.
Penalties in the Golden State
Disrespect of the court offends judges and the judicial system and could lead to penalties, including fines of up to $1,000 and up to six months in jail, on top of attorney’s fees and other expenses in some cases. In situations where the court requires a particular action, like, say, testifying or providing evidence that has thus far been denied, the offender could be jailed until they agree to comply with the court order. Continue reading