Bail Questions • Charges and Penalties • Arizona
What Happens When You Are in Contempt of Court in Arizona?
When you are in contempt of court in Arizona, the judge can fine you or jail you for disobeying a court order or disrupting court.
Quick answer
When you are in contempt of court in Arizona, the judge can fine you or jail you for disobeying a court order or disrupting court. Civil contempt is coercive and ends when you comply; criminal contempt is a fixed punishment. Bail on a contempt arrest is set by the judge who issued the order.
Civil contempt vs criminal contempt
Civil contempt is coercive. The judge finds that a person is able to comply with an order, such as paying support, producing documents or turning over property, and is refusing. The remedy is a fine that accrues or a jail stay that ends the moment the person complies. People describe it as holding the keys to your own cell.
Criminal contempt is punitive. It is a fixed fine or a set number of days in jail for past conduct: shouting at the judge, ignoring a subpoena, violating an order of protection, or defying a clear order with no intention of complying. Because it is punishment, the person gets more procedural protection, and a contempt arrest goes through booking and an initial appearance within 24 hours under Rule 4.1 like any other arrest.
What contempt is not: missed criminal court dates
Missing a criminal court date is not usually handled as contempt. The judge issues a bench warrant and the prosecutor can file a failure to appear charge under A.R.S. 13-2506 for felony cases or A.R.S. 13-2507 for misdemeanor cases. The bond is forfeited under Rule 7.6 unless the person is returned. That track is covered on our failure to appear page.
Contempt comes up in criminal cases in other ways: a witness who refuses to testify after being ordered to, a defendant who violates a no-contact release condition that was written as a court order, or a family member who disrupts a hearing. It also comes up in family court when support or parenting orders are ignored, and in civil cases when someone ignores a judgment debtor exam. Each is a separate finding by the judge whose order was violated.
Bail and release after a contempt arrest
A warrant for contempt is issued by the judge whose order was violated, and that judge sets the terms. For civil contempt the warrant often states a purge amount: pay this sum, or comply with the order, and you are released. That is not bail in the usual sense, and a surety bond usually cannot replace it, because the money goes to satisfy the order rather than to guarantee appearance.
For criminal contempt or an arrest on a contempt warrant with a stated bond, the initial appearance judge can set release conditions under A.R.S. 13-3967, and a warrant bail bond can be posted if surety is allowed. The agent reads the warrant to see which kind it is before quoting anything. Whether the underlying order can be challenged is a question for the attorney in that case, not a bail agency.
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Related Questions
How long can you be held in jail for contempt of court in Arizona?
For civil contempt, until you comply with the order or the judge decides confinement is no longer coercive. For criminal contempt, the judge sets a fixed term stated in the order. The order itself says which type applies, and an attorney can explain the difference.
Is contempt of court a misdemeanor or felony in Arizona?
Neither, in most cases. Contempt is a power of the court rather than a separately classified crime. Violating an order of protection or failing to appear can also be charged as separate offenses with their own classes, and an attorney can explain how the two interact.
Can you bail out of jail for contempt of court?
Sometimes. If the warrant states a bond amount, a bail agent can post it like any other warrant bond. If it states a purge amount for civil contempt, that sum must be paid to the court or the order complied with; a surety bond cannot substitute for it.
What is a purge amount in a contempt case?
A purge amount is the sum a judge sets in a civil contempt order that, once paid, ends the contempt and releases the person. It is usually tied to what the order required, such as past-due support. It goes to the court, not to a bail agent.
Does contempt of court go on your criminal record?
A criminal contempt finding appears in the public court file and can show on background checks. Civil contempt in a family or civil case is a court record but not a criminal conviction. Call One Stop Bail Bonds any hour and an agent will walk you through it.