Contempt: The Cases

The previous blog post discussed the statutes that allowed for contempt, or punishment for violation of a court order. Now for a few highlights from the cases interpreting and applying those statutes.

First, as noted in the statutes, a violation of a court order must be willful to be contempt. Thus, the court has found that the refusal of a 16 and 18 year old to engage in visitation with their father did not amount to a willful violation by the mother. In re Marriage of Ruden, 509 N.W.2d 494 (Iowa 1993). And a good faith effort to comply with a court order will also prevent a finding of contempt. Wilson v. Fenton, 312 N.W.2d 524 (Iowa 1981). However, if an order is clear and unambiguous, there is no defense available that the violator did not understand and did not mean to violate the order. Yocum v. Gaffney, 131 N.W.2d 826 (Iowa 1964).  One can also be found in contempt for aiding and abetting violation of a no contact order; this is usually the protected party agreeing to meet with the violator. Hutchison v. Lee County, 480 N.W.2d 260 (Iowa 1992). 

Because jail is a possible consequence of a contempt action, the violator is entitled to a court-appointed attorney as a criminal defendant would. McNabb v. Osmudson, 315 N.W.2d 9 (Iowa 1982). Also because of the criminal nature of the consequences of a contempt finding, the violation must be established beyond a reasonable doubt. Phillips v. Johnson County, 380 N.W.2d 706 (Iowa 1986). However, if the violator asserts any defenses to prevent a finding of contempt, the violator bears the burden of proving those defenses to the court. Skinner v. Ruigh, 351 N.W.2d 182 (Iowa 1984). 

Multiple violations can be tried in the same contempt proceeding, such as multiple months of nonpayment of child support. Johnson v. Mahaska County, 385 N.W.2d 562 (Iowa 1986). Because the goal of contempt actions is to gain compliance with a court order, the court does allow for purging of contempt, or correcting one's actions to avoid punishment. This includes prompt payment of delinquent child support, for instance. Nystrom v. Woodbury County, 58 N.W.2d 40 (Iowa 1953). 

These case spell out the most basic, widely applicable rules on contempt actions. Of course, other situations will arise, and judges will have to apply these cases and statutes to the particular scenario in front of it.