NCJ Number
130570
Journal
Juvenile and Family Court Journal Volume: 42 Issue: 2 Dated: (1991) Pages: 53-60
Date Published
1991
Length
8 pages
Annotation
Courts have two general types of roles: to resolve disputes between the parties and to provide a reaction to the conduct of the parties based on societal norms. This reflection of societal values is especially important in cases involving family relationships, so that the court's power of contempt must be used to regulate the proceedings and enforce court orders.
Abstract
Courts have both inherent and statutory powers to enforce their orders and to punish contemptuous conduct. There are three classifications of contempt: direct or constructive/indirect, civil/coercive or criminal/punitive, and serious or petty. The procedural issues related to indirect contempt include notice, hearing, assistance of counsel, jury trial, and standard of proof. Acts of direct contempt observed by the judge are punishable by immediate summary action, with no recourse to due process. In suits affecting family relationships, the most important function exercised by the court is dispute resolution, which often allows the family members to put the problem behind them. However, underlying every decision of a family court judge are societal values regarding the past conduct of the parties and the way in which the family should function in the future.