State v. de la Portilla

During a dissolution of marriage proceeding, Wife filed a motion for contempt for Husband’s failure to deliver one of the couple’s dogs into her custody. The trial court issued an order directing Husband to appear. Husband did not appear for the hearing on the motion for contempt. The trial court held Husband in civil contempt for failing to transfer the dog and ordered him to comply with the order. Husband still did not transfer the dog, and another motion for contempt was filed. Husband was not present at a subsequent hearing on the motion. The trial court held Respondent in civil contempt for failing to appear and also held him in criminal contempt. During the appeal of the criminal contempt order, the State recommended that the failure to appear in court be treated as indirect, rather than direct, criminal attempt. The Court of Appeal concluded that direct criminal contempt applied but reversed the conviction based on insufficient evidence. The Supreme Court approved the Court of Appeal’s decision to the extent that it reversed the conviction but held that direct criminal contempt did not apply to this case because when a failure to appear results in criminal contempt proceedings, a charge of indirect criminal contempt is applicable. View "State v. de la Portilla" on Justia Law