Civil contempt in Georgia is meant to make you obey a court order and ends when you do; criminal contempt punishes a past violation with a fixed sentence.
How Courts Tell Them Apart
In Ensley v. Ensley, 239 Ga. 860 (1977), the Georgia Supreme Court explained that “purpose is the key consideration.” An unconditional fine or a jail term for a set period punishes, so the contempt is criminal. Confinement that lasts only until you do what the order requires is meant to compel, so the contempt is civil. Ensley also held that a parent who can pay child support and willfully refuses “may be found guilty of either civil or criminal contempt of court, or both.”
The wording of the order does not decide it. In Stanford v. Pogue, 340 Ga. App. 86 (2017), a mother found in willful contempt of a visitation order was ordered jailed for 20 days “in order to purge herself of her willful contempt.” Because the order gave her no way to avoid jail by complying, the Court of Appeals treated it as criminal contempt and affirmed.
The Fine Limit Is for Criminal Contempt
Under OCGA 15-6-8(5), a superior court may “punish contempt by fines not exceeding $1,000.00, by imprisonment not exceeding 20 days, or both.” That fine limit does not apply to civil sanctions. In Chatfield v. Adkins-Chatfield, 282 Ga. 190 (2007), a husband who kept $14,593 in insurance money for a vehicle awarded to his wife was ordered to pay it plus $1,500 for every day it went unpaid. The Supreme Court affirmed, noting he “would not have to pay a penny of the $1,500 per day” if he paid.
Why It Matters
Because criminal contempt is a crime, it carries protections civil contempt lacks, which our posts on proving criminal contempt and on taking the Fifth in a contempt case explain. Our post on jail for unpaid child support covers release from civil contempt.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!