The Guide To Contempt of Court in Oregon: Definition & Penalties
Contempt of court in Oregon is a more common issue than people realize. There are two basic kinds of contempt in Oregon, and they can happen in several different ways. In this post, we’ll break down what contempt really means, how it happens, and why it’s something you shouldn’t take lightly.
What is Contempt of Court in Oregon?
Oregon contempt of court basically means disobeying or disrespecting a court’s authority. It covers a wide range of actions, from ignoring a judge’s order to causing disruptions during a trial. These laws give the courts power to act when someone refuses to follow the rules or gets in the way of the legal process. It’s all about keeping court proceedings fair, orderly, and respected. Without the ability to punish contempt, the courts would struggle to function properly.
Contempt doesn’t always mean dramatic outbursts like you might see on TV. Sometimes, it’s much quieter, like refusing to pay court-ordered child support or failing to show up when ordered. No matter how it happens, Oregon courts take contempt seriously because it directly challenges the legal system's ability to do its job.
Types of Oregon Contempt of Court
● Punitive contempt of court is the court’s way of addressing past behavior that disrespected its authority. It focuses on punishing the misconduct, not fixing an ongoing issue. If someone is found in punitive contempt, the court may impose jail time, fines, or both. The purpose is to uphold the court’s authority and show that violations carry real consequences.
Because punitive contempt is treated more like a criminal matter, the accused is given important rights. This can include the right to a trial and the right to legal counsel. Before any punishment is handed down, the court must be confident that contempt actually occurred.
● Remedial contempt of court serves a different purpose. Instead of punishing past behavior, it’s used to motivate someone to comply with a current court order. For example, if a person fails to pay child support, the court may use remedial contempt to encourage compliance. The goal is not to punish but to correct the situation.
Once the person follows the court’s order, the contempt issue typically resolves.
Is It a Felony or Misdemeanor?
Oregon contempt of court isn't automatically classified as a misdemeanor or a felony. It’s handled as its own separate legal matter. Instead of fitting into those typical crime categories, contempt is treated either as a civil or criminal issue, depending on the situation.
Contempt charges are usually seen as less serious offenses. In many cases, they’re treated like misdemeanors or even lower-level offenses, such as petty offenses, infractions, or violations. However, there are situations where contempt can be treated more seriously. If the contempt involved severe behavior or caused significant harm, it might be considered a more serious criminal matter.
The court looks more at the behavior and the purpose of the contempt proceeding rather than labeling it as a felony or misdemeanor. This is why contempt cases follow their own unique set of rules.
What Are The Penalties?
1. Remedial Sanctions (ORS 33.105)
Penalties for Remedial contempt can include:
● Monetary compensation for losses or damages caused by the contempt.
● Confinement ( jail time) until the person complies, up to a maximum of six months.
● Daily fines up to $500 or 1% of the person’s annual gross income (whichever is greater) until compliance happens.
● Court-ordered actions, like probation, to encourage following the original order.
● Payment of the other party’s attorney fees due to the contempt.
● Other reasonable sanctions that the court believes will get the person to comply.
2. Punitive Sanctions (ORS 33.015(3))
Punitive penalties might include:
● Fines up to $500 or 1% of the person’s annual gross income, whichever is greater.
● Forfeiture of any profits made because of the contempt.
● Confinement (jail time) for up to six months.
● Probation or community service as part of the sentence.
How To File Contempt of Court in Oregon?
If you believe someone has violated a court order in Oregon, you can file a contempt of court action. In many cases, you can file it yourself by filling out the proper forms at the courthouse or through the court’s online system. You’ll need to clearly explain which court order was violated and give specific examples of how the violation happened.
It’s important to know that individuals can only file for remedial sanctions. Punitive sanctions can only be requested by certain authorized attorneys, such as district attorneys or other officials allowed by law. This means if you're looking to punish someone for contempt, rather than just correct their behavior, you’ll need the right legal authority involved. Simple contempt filings, like unpaid child support or missed court-ordered payments, are often manageable without a lawyer. But if your case involves serious matters — like child custody, major financial issues, or ongoing violations — working with an attorney is usually the smartest choice. Legal guidance can help make sure everything is filed correctly and that you’re prepared for court.
The Guide To Contempt of Court in Oregon Conclusion
Contempt of court in Oregon plays a major role in keeping the legal system running the way it should. Whether it’s about encouraging someone to follow a court order or punishing serious misconduct, the court has real tools to respond.
If you have questions about Oregon contempt of court or you're dealing with other legal issues in the Beaverton-Portland area, reach out to our team at Powell Law. We’re here to guide you through the process, protect your rights, and help you move forward with confidence. Our experienced attorneys are ready to stand by your side and work toward the best outcome for your situation.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
