Indirect contempt is an act that occurs outside the court's presence.

Indirect contempt is an act that occurs outside the court's presence.

• A. True
• B. False
• C. Only in writing
• D. Only if accompanied by a defense attorney

Answer: (A)

The key idea is that contempt can occur either in the courtroom or outside of it. Indirect contempt describes acts that violate a court’s order or disrupt proceedings when the violator is not in the judge’s presence in the courtroom. Because the conduct happens away from the bench, the court typically must give notice and hold a hearing to determine if contempt occurred and what the sanction should be. This is different from direct contempt, which happens in the court’s presence and can be punished immediately to preserve order. So, saying that indirect contempt is an act that occurs outside the court's presence is correct. Examples include failing to comply with a court order outside the courtroom (such as not paying a court-ordered amount, or violating a restraining order when not in court) and similar conduct that the court must address after notice and a hearing.

The key idea is that contempt can occur either in the courtroom or outside of it. Indirect contempt describes acts that violate a court’s order or disrupt proceedings when the violator is not in the judge’s presence in the courtroom. Because the conduct happens away from the bench, the court typically must give notice and hold a hearing to determine if contempt occurred and what the sanction should be. This is different from direct contempt, which happens in the court’s presence and can be punished immediately to preserve order.

So, saying that indirect contempt is an act that occurs outside the court's presence is correct. Examples include failing to comply with a court order outside the courtroom (such as not paying a court-ordered amount, or violating a restraining order when not in court) and similar conduct that the court must address after notice and a hearing.