California Penal Code 166 PC prohibits contempt of court. This includes such behaviors as
- being noisy or disruptive while court is in session,
- refusing to be sworn in as a witness, or
- disobeying lawful court orders.
Contempt of court is typically a misdemeanor that carries up to six months in jail and/or $1,000 in fines. A judge can award misdemeanor (or summary) probation in lieu of jail time.
Below our California criminal defense lawyers discuss what you need to know about contempt of court. Click on a topic to jump to that section.
- 1. What is “Contempt of Court”?
- 2. Defenses
- 3. Penalties
- 4. Immigration Consequences
- 5. Expungements
- 6. Gun Rights
- 7. Related Crimes
- Additional Resources
1. What is “Contempt of Court”?
California Penal Code 166 PC lists specific conduct considered “contempt of court.” Examples include:
- being disrespectful during court proceedings (such as being loud, breaching the peace, suggesting the judge is being bribed, or taunting the court clerk),
- disobeying a lawful written order of the court,
- refusing to be sworn in as a witness,
- while serving as a witness, refusing to answer any material question when there is no lawful exception,
- publishing a false account of court proceedings,
- disobeying the terms of a lawful injunction, or
- violation of a protective order (stay away order) involving:
- domestic violence,
- elder abuse, and/or
- adult dependent abuse.1
The most common contempt behavior is disobeying a court order. For you to be found in contempt for violating a court order, prosecutor must prove beyond a reasonable doubt the following elements of California Criminal Jury Instruction (CALCRIM) 2701:
- A judge issued a legal order,
- You knew about the order (and had the opportunity to read it),
- You had the ability to comply with the order, yet
- You willfully failed to do so.
Note that both adults and minors can be found in contempt for violating a court order.2
166 PC sets forth specific conduct that constitutes “contempt of court.”
2. Defenses
Here at Shouse Law Group, we have represented literally thousands of people found in contempt of court in California. In our experience, the following three defenses have proven very effective at getting judges to drop a contempt charge.
- You did not willfully violate a court order. Accidental or inadvertent court order violations do not qualify as contempt. It is often difficult for prosecutors to prove beyond a reasonable doubt that you acted on purpose because there is no way of getting inside of your head.
- There was no disorderly conduct. What constitutes disorderly conduct is laid out in 166 PC. If we can show that your behavior did not technically fall under the statutory meaning, you should not be found in contempt.
- You were falsely accused. People sometimes levy untrue allegations at others out of anger, revenge, or a misunderstanding. If for example your accuser falsely alleged that you contacted them in violation of a stay away order, we would search for evidence of their motivation to lie (such as in their texts, emails, or voicemails). Once we show the court that we can impeach the accuser’s credibility, the court may drop the case.
A contempt conviction carries fines and possible jail.
3. Penalties
Being in contempt of court in violation of 166 PC is usually a misdemeanor in California. The punishment is:
- up to 6 months in jail (or probation) and/or
- a maximum fine of $1,000 (or equivalent community service hours).6
However, the maximum jail term is raised to one year if you:
- violate the terms of a domestic violence protective order,
- violate a protective order when you have a prior stalking conviction, or
- own or possess a firearm in violation of a court order.7
Felony Sentences
In California, a second or subsequent restraining order violation can be charged as a misdemeanor or a felony if:
- the prior violation was within seven years, and
- the violation involved an act of violence or a credible threat of violence, and
- the restraining order was related to domestic violence, elder or dependent abuse, or sexual injury of a child.
As a misdemeanor, the penalties include up to one year in jail. As a felony, penalties include incarceration for:
- 16 months,
- 2 years, or
- 3 years.
Note that crimes that can be a misdemeanor or a felony are called wobblers.
Lack of willfulness is a defense to contempt charges.
4. Immigration Consequences
A conviction under 166 PC is generally not deportable. However, immigration law is always changing, so non-citizens are advised to consult a California attorney whenever they face criminal charges.
5. Expungements
Your contempt case can be expunged and sealed in California once you complete your jail or probation term. An expungement removes many of the hardships associated with a conviction.
6. Gun Rights
Being found in contempt generally has no impact on your gun rights because contempt is a misdemeanor. Most misdemeanors do not affect California gun rights.
7. Related Crimes
Refusing to be sworn in is grounds for contempt.
Additional Resources
For more in-depth information, refer to these scholarly articles:
- The Constitution and Contempt of Court – Michigan Law Review.
- Criminal Contempt of Court – Due Process of Law and Freedom of Speech – UCLA Law Review.
- Contempt: Scope of Review of Contempt Orders in California – California Law Review.
- Freedom of Speech and Contempt of Court – Illinois Law Review.
- Contempt of Court: The Most Important Contemporary Challenge to Judging – Washington and Lee Law Review.
Legal References:
- California Penal Code section 166 PC. The language of the section states that:
(a) Except as provided in subdivisions (b), (c), and (d), a person guilty of any of the following contempts of court is guilty of a misdemeanor:
(1) Disorderly, contemptuous, or insolent behavior committed during the sitting of a court of justice, in the immediate view and presence of the court, and directly tending to interrupt its proceedings or to impair the respect due to its authority.
(2) Behavior specified in paragraph (1) that is committed in the presence of a referee, while actually engaged in a trial or hearing, pursuant to the order of a court, or in the presence of a jury while actually sitting for the trial of a cause, or upon an inquest or other proceeding authorized by law.
(3) A breach of the peace, noise, or other disturbance directly tending to interrupt the proceedings of the court.
(4) Willful disobedience of the terms, as written, of a process or court order or out-of-state court order, lawfully issued by a court, including orders pending trial.
(5) Resistance willfully offered by a person to the lawful order or process of a court.
(6) The contumacious and unlawful refusal of a person to be sworn as a witness or, when so sworn, the like refusal to answer a material question.
(7) The publication of a false or grossly inaccurate report of the proceedings of a court.
(8) Presenting to a court having power to pass sentence upon a prisoner under conviction, or to a member of the court, an affidavit, testimony, or representation of any kind, verbal or written, in aggravation or mitigation of the punishment to be imposed upon the prisoner, except as provided in this code.
(9) Willful disobedience of the terms of an injunction that restrains the activities of a criminal street gang or any of its members, lawfully issued by a court, including an order pending trial.
(b) (1) A person who is guilty of contempt of court under paragraph (4) of subdivision (a) by willfully contacting a victim by telephone or mail, social media, electronic communication, or electronic communication device, or directly, and who has been previously convicted of a violation of Section 646.9 shall be punished by imprisonment in a county jail for not more than one year, by a fine of no more than five thousand dollars ($5,000), or by both that fine and imprisonment.
(2) For the purposes of sentencing under this subdivision, each contact shall constitute a separate violation of this subdivision.
(3) The present incarceration of a person who makes contact with a victim in violation of paragraph (1) is not a defense to a violation of this subdivision.
(4) For purposes of this subdivision, the following definitions shall apply:
(A) “Social media” has the same definition as in Section 632.01.
(B) “Electronic communication” has the same definition as in Section 646.9.
(C) “Electronic communication device” has the same definition as in Section 646.9.
(c) (1) Notwithstanding paragraph (4) of subdivision (a), a willful and knowing violation of a protective order or stay-away court order described as follows shall constitute contempt of court, a misdemeanor, punishable by imprisonment in a county jail for not more than one year, by a fine of not more than one thousand dollars ($1,000), or by both that imprisonment and fine:
(A) An order issued pursuant to Section 136.2.
(B) An order issued pursuant to paragraph (2) of subdivision (a) of Section 1203.097.
(C) An order issued after a conviction in a criminal proceeding involving elder or dependent adult abuse, as defined in Section 368.
(D) An order issued pursuant to Section 1201.3.
(E) An order described in paragraph (3).
(F) An order issued pursuant to subdivision (j) of Section 273.5.
(2) If a violation of paragraph (1) results in a physical injury, the person shall be imprisoned in a county jail for at least 48 hours, whether a fine or imprisonment is imposed, or the sentence is suspended.
(3) Paragraphs (1) and (2) apply to the following court orders:
(A) An order issued pursuant to Section 6320 or 6389 of the Family Code.
(B) An order excluding one party from the family dwelling or from the dwelling of the other.
(C) An order enjoining a party from specified behavior that the court determined was necessary to effectuate the orders described in paragraph (1).
(4) A second or subsequent conviction for a violation of an order described in paragraph (1) occurring within seven years of a prior conviction for a violation of any of those orders and involving an act of violence or “a credible threat” of violence, as provided in subdivision (c) of Section 139, is punishable by imprisonment in a county jail not to exceed one year, or in the state prison for 16 months or two or three years.
(5) The prosecuting agency of each county shall have the primary responsibility for the enforcement of the orders described in paragraph (1).
(d) (1) A person who owns, possesses, purchases, or receives a firearm knowing that person is prohibited from doing so by the provisions of a protective order as defined in Section 136.2 of this code, Section 6218 of the Family Code, or Section 527.6 or 527.8 of the Code of Civil Procedure, shall be punished under Section 29825.
(2) A person subject to a protective order described in paragraph (1) shall not be prosecuted under this section for owning, possessing, purchasing, or receiving a firearm to the extent that firearm is granted an exemption pursuant to subdivision (h) of Section 6389 of the Family Code.
(e) (1) If probation is granted upon conviction of a violation of subdivision (c), the court shall impose probation consistent with Section 1203.097.
(2) If probation is granted upon conviction of a violation of subdivision (c), the conditions of probation may include, in lieu of a fine, one or both of the following requirements:
(A) That the defendant make payments to a domestic violence shelter-based program up to a maximum of one thousand dollars ($1,000).
(B) That the defendant provide restitution to reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense.
(3) For an order to pay a fine, make payments to a domestic violence shelter-based program, or pay restitution as a condition of probation under this subdivision or subdivision (c), the court shall make a determination of the defendant’s ability to pay. An order to make payments to a domestic violence shelter-based program, shall not be made if it would impair the ability of the defendant to pay direct restitution to the victim or court-ordered child support.
(4) If the injury to a married person is caused, in whole or in part, by the criminal acts of the person’s spouse in violation of subdivision (c), the community property shall not be used to discharge the liability of the offending spouse for restitution to the injured spouse required by Section 1203.04, as operative on or before August 2, 1995, or Section 1202.4, or to a shelter for costs with regard to the injured spouse and dependents required by this subdivision, until all separate property of the offending spouse is exhausted.
(5) A person violating an order described in subdivision (c) may be punished for any substantive offenses described under Section 136.1 or 646.9. A finding of contempt shall not be a bar to prosecution for a violation of Section 136.1 or 646.9. However, a person held in contempt for a violation of subdivision (c) shall be entitled to credit for any punishment imposed as a result of that violation against a sentence imposed upon conviction of an offense described in Section 136.1 or 646.9. A conviction or acquittal for a substantive offense under Section 136.1 or 646.9 shall be a bar to a subsequent punishment for contempt arising out of the same act.
See also People v. Shah (Cal.App. 2023) ; People v. Poplar (1999) 70 Cal.App.4th 1129; In re Burns (1958) 161 Cal.App.2d 137; People v. Lara (1996) 44 Cal.App.4th 102; People v. Saffell (1946) 74 Cal.App.2d Supp. 967; In re Berry (1968) 68 Cal.2d 137; People v. Gonzalez (1996) 12 Cal.4th 804. See also 166.5 PC. CALCRIM 2701 (2025 edition). - CALCRIM No. 2701. See also People v. Greenfield (1982) 134 Cal.App.3d Supp. 1; People v. Poe (1965) 236 Cal.App.2d Supp. 928; People v. Brindley (1965) 236 Cal.App.2d Supp. 925; People v. Von Blum (1965) 236 Cal.App.2d Supp. 943. See also People v. Saffell (1946) 74 Cal.App.2d Supp. In re Orlando C. (2010) 186 Cal.App.4th 1184.
- Penal Code 19 PC.
- Penal Code 166 PC. See also People v. Johnson (1993) 20 Cal.App.4th 106.
- California Penal Code 273.6 PC.