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[Utah Code Table of Contents]
[TITLE 78. Table of Contents]
78-32-1 Acts and omissions constituting contempt.
The following acts or omissions in respect to a court or proceedings therein are contempts of the authority of the court:
(1) Disorderly, contemptuous or insolent behavior toward the judge while holding the court, tending to interrupt the due course of a trial or other judicial proceeding.
(2) Breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due course of a trial or other judicial proceeding.
(3) Misbehavior in office, or other willful neglect or violation of duty by an attorney, counsel, clerk, sheriff, or other person appointed or elected to perform a judicial or ministerial service.
(4) Deceit, or abuse of the process or proceedings of the court, by a party to an action or special proceeding.
(5) Disobedience of any lawful judgment, order or process of the court.
(6) Assuming to be an officer, attorney or counselor of a court, and acting as such without authority.
(7) Rescuing any person or property in the custody of an officer by virtue of an order or process of such court.
(8) Unlawfully detaining a witness or party to an action while going to, remaining at, or returning from, the court where the action is on the calendar for trial.
(9) Any other unlawful interference with the process or proceedings of a court.
(10) Disobedience of a subpoena duly served, or refusing to be sworn or to answer as a witness.
(11) When summoned as a juror in a court, neglecting to attend or serve as such, or improperly conversing with a party to an action to be tried at such court, or with any other person, concerning the merits of such action, or receiving a communication from a party or other person in respect to it, without immediately disclosing the same to the court.
(12) Disobedience by an inferior tribunal, magistrate
or officer of the lawful judgment, order or process of a
superior court, or proceeding in an action or special proceeding
contrary to law, after such action or special proceeding
is removed from the jurisdiction of such inferior tribunal,
magistrate or officer. Disobedience of the lawful orders
or process of a judicial officer is also a contempt of the
authority of such officer.
1953
78-32-2 Re-entry after eviction from real property.
Every person dispossessed of, or ejected from or out of,
any real property by the judgment or process of any court
of competent jurisdiction, who, not having a right so to
do, re-enters into or upon, or takes possession of, any such
real property, or induces or procures any person, not having
the right so to do, or aids or abets him therein, is guilty
of a contempt of the court by which such judgment was rendered,
or from which such process issued. Upon a conviction for
such contempt the court must immediately issue an alias process,
directed to the proper officer, requiring him to restore
such possession to the party entitled thereto under the original
judgment or process.
1953
78-32-3 In immediate presence of court; summary action - Without immediate presence; procedure.
When a contempt is committed in the immediate view and
presence of the court, or judge at chambers, it may be punished
summarily, for which an order must be made, reciting the
facts as occurring in such immediate view and presence, adjudging
that the person proceeded against is thereby guilty of a
contempt, and that he be punished as prescribed in Section
78-32-10
hereof. When the contempt is not committed
in the immediate view and presence of the court or judge
at chambers, an affidavit shall be presented to the court
or judge of the facts constituting the contempt, or a statement
of the facts by the referees or arbitrators or other judicial
officers.
1953
78-32-4 Warrant of attachment or commitment order to show cause.
When the contempt is not committed in the immediate view
and presence of the court or judge a warrant of attachment
may be issued to bring the person charged to answer, or,
without a previous arrest, a warrant of commitment may, upon
notice, or upon an order to show cause, be granted; and no
warrant of commitment can be issued without such previous
attachment to answer, or such notice or order to show cause.
1953
78-32-5 Bail.
Whenever a warrant of attachment is issued pursuant to
this chapter, the court or judge must direct, by an indorsement
on such warrant, that the person charged may be let to bail
for his appearance, in an amount to be prescribed in such
indorsement.
1953
78-32-6 Duty of sheriff.
Upon executing the warrant of attachment the sheriff must
keep the person in custody, bring him before the court or
judge and detain him until an order is made in the premises,
unless the person arrested entitles himself to be discharged
as provided in Section
78-32-7
.
1995
78-32-7 Bail bond - Form.
When a direction to let the person arrested to bail is
contained in the warrant of attachment or indorsed thereon,
he must be discharged from the arrest upon executing and
delivering to the officer, at any time before the return
day of the warrant, a written undertaking, with two sufficient
sureties, to the effect that the person arrested will appear
on the return of the warrant, and abide the order of the
court or judge thereon, or that the sureties will pay as
may be directed the sum specified in the warrant.
1953
78-32-8 Officer's return.
The officer must return the warrant of arrest, and the
undertaking, if any, received from the person arrested, by
the return day specified therein.
1953
78-32-9 Hearing.
When the person arrested has been brought up or has appeared
the court or judge must proceed to investigate the charge,
and must hear any answer which the person arrested may make
to the same, and may examine witnesses for or against him;
for which an adjournment may be had from time to time, if
necessary.
1953
78-32-10 Contempt - Action by court.
Upon the answer and evidence taken, the court shall determine
whether the person proceeded against is guilty of the contempt
charged. If the court finds the person is guilty of the contempt,
the court may impose a fine not exceeding $1,000, order the
person incarcerated in the county jail not exceeding 30 days,
or both. However, a justice court judge or court commissioner
may punish for contempt by a fine not to exceed $500 or by
incarceration for five days or both.
1993
78-32-11 Damages to party aggrieved.
If an actual loss or injury to a party in an action or
special proceeding, prejudicial to his rights therein, is
caused by the contempt, the court, in addition to the fine
or imprisonment imposed for the contempt or in place thereof,
may order the person proceeded against to pay the party aggrieved
a sum of money sufficient to indemnify him and to satisfy
his costs and expenses; which order and the acceptance of
money under it is a bar to an action by the aggrieved party
for such loss and injury.
1953
78-32-12 Imprisonment to compel performance.
When the contempt consists in the omission to perform
an act enjoined by law, which is yet in the power of the
person to perform, he may be imprisoned until he shall perform
it, or until released by the court, and in such case the
act must be specified in the warrant of commitment.
1953
78-32-12.1 Compensatory service for violation of parent-time order or failure to pay child support.
(1) If a court finds by a preponderance of the evidence that a parent has refused to comply with the minimum amount of parent-time ordered in a decree of divorce, the court shall order the parent to:
(a) perform a minimum of ten hours of compensatory service; and
(b) participate in workshops, classes, or individual counseling to educate the parent about the importance of complying with the court order and providing a child a continuing relationship with both parents.
(2) If a custodial parent is ordered to perform compensatory service or undergo court-ordered education, there is a rebuttable presumption that the noncustodial parent be granted parent-time by the court to provide child care during the time the custodial parent is complying with compensatory service or education in order to recompense him for parent-time wrongfully denied by the custodial parent under the divorce decree.
(3) If a noncustodial parent is ordered to perform compensatory service or undergo court-ordered education, the court shall attempt to schedule the compensatory service or education at times that will not interfere with the noncustodial parent's parent-time with the child.
(4) The person ordered to participate in court-ordered education is responsible for expenses of workshops, classes, and individual counseling.
(5) If a court finds by a preponderance of the evidence that an obligor, as defined in Section 78-45-2 , has refused to pay child support as ordered by a court in accordance with Title 78, Chapter 45, Uniform Civil Liability for Support Act, the court shall order the obligor to:
(a) perform a minimum of ten hours of compensatory service; and
(b) participate in workshops, classes, or individual counseling to educate the obligor about the importance of complying with the court order and providing the children with a regular and stable source of support.
(6) The obligor is responsible for the expenses of workshops, classes, and individual counseling ordered by the court.
(7) If a court orders an obligor to perform compensatory service or undergo court-ordered education, the court shall attempt to schedule the compensatory service or education at times that will not interfere with the obligor's parent-time with the child.
(8) The sanctions that the court shall impose under this section do not prevent the court from imposing other sanctions as provided in Section 78-32-12.2 or other provisions in this chapter, or prevent any person from bringing a cause of action allowed under state or federal law.
(9) The Legislature shall allocate the money from the
Children's Legal Defense Account to the judiciary to defray
the cost of enforcing and administering this section.
2001
78-32-12.2 Definitions - Sanctions.
(1) For purposes of this section:
(a) "Make up parent-time" means parent-time which is:
(i) of the same type and duration of parent-time as that which was denied, including parent-time during weekdays, weekends, holidays, and during extended parent-time periods;
(ii) to be made up within one year after the court has entered its order of make up parent-time; and
(iii) in the manner chosen by the aggrieved parent if it is in the best interest of the child.
(b) "Parent-time enforcement order" means an order to enforce compliance with an original parent-time order through the use of sanctions.
(c) "Petition" means a petition brought by a parent, a grandparent as provided in Section 30-5-2 , by other immediate family members, or upon the court's own motion alleging that a parent is not complying with a parent-time order in a decree of divorce or a subsequent parent-time enforcement order which may be brought at different stages in the alleged pattern of noncompliance:
(i) a first petition is a petition to enforce an original order of parent-time or a petition filed after three years from the last parent-time enforcement order;
(ii) a second petition is a petition filed within three years following entry of the first parent-time enforcement order; and
(iii) a third petition is a petition filed within three years following entry of the second parent-time enforcement order.
(d) "Substantial noncompliance" means conduct which:
(i) substantially interferes with a court-ordered parent-time schedule; or
(ii) interferes with parent's right to frequent, meaningful, and continuing access with his child and which substantially impairs that parent-child relationship.
(2) Upon a first petition, the court shall order:
(a) if the first petition is uncontested, by default:
(i) a permanent injunction enjoining the noncompliance with the court's parent-time order;
(ii) make up parent-time for the aggrieved parent and child; and
(iii) participation in workshops, classes, or individual counseling to educate the parent about the importance of complying with the court order and providing the child with a continuing relationship with both parents as provided in Subsection 78-32-12.1 (1)(b); or
(b) if the first petition is contested, the court shall hold a hearing to determine by a preponderance of the evidence whether there has been a substantial noncompliance with the parent-time order.
(3) Upon a finding of substantial noncompliance, the court shall order:
(a) actual costs including actual attorney fees and court costs to the prevailing party;
(b) make up parent-time for the aggrieved parent and child;
(c) a minimum of ten hours of compensatory service as provided in Subsection 78-32-12.1 (1)(a); and
(d) a permanent injunction enjoining the noncompliance with the court's parent-time order.
(4) Upon a finding of substantial noncompliance, the court may order:
(a) mediation with the requirement to report back to the court on the results of mediation within 30 days;
(b) participation in workshops, classes, or individual counseling to educate the parent about the importance of complying with the court order and providing the child with a continuing relationship with both parents as provided in Subsection 78-32-12.1 (1)(b); or
(c) a fine or jail sentence or other appropriate sanctions as provided under contempt of court in Section 78-32-10 .
(5) Upon a second petition, the court shall order:
(a) if the second petition is uncontested, by default:
(i) actual costs including actual attorney fees and court costs;
(ii) make up parent-time to be provided for the aggrieved parent and child;
(iii) a minimum of ten hours of compensatory service as provided in Subsection 78-32-12.1 (1)(a); and
(iv) impose a fine or jail sentence or other appropriate sanctions as provided under contempt of court in Section 78-32-10 ; or
(b) if the second petition is contested, the court shall hold a hearing to determine by a preponderance of the evidence whether there has been a substantial noncompliance with the parent-time orders.
(6) Upon a finding of a substantial noncompliance, the court shall order:
(a) actual costs including actual attorney fees and court costs to the prevailing party;
(b) make up parent-time to be provided for the aggrieved party and child at twice the amount of time previously wrongfully denied and under the same conditions as provided in Subsections 78-32-12.2 (3)(a) through (c);
(c) a minimum of 20 hours of compensatory service as provided in Subsection 78-32-12.1 (1)(a);
(d) a contempt order which imposes a fine or jail sentence as provided in Section 78-32-10 ; and
(e) the violator to post bond or security in the amount determined by the court to insure future compliance.
(7) The court may impose additional sanctions which may include any additional remedies, terms, or conditions which are consistent with the court's previous order.
(8) Upon a third petition, the court shall order:
(a) if the third petition is uncontested, by default:
(i) actual costs including actual attorney fees and court costs;
(ii) make up parent-time to be provided for the aggrieved party and child at twice the amount of time previously denied and under the same conditions as provided in Subsections 78-32-12.2 (3)(a) through (c);
(iii) a minimum of ten hours of compensatory service as provided in Subsection 78-32-12.1 (1)(a); and
(iv) impose a fine or jail sentence or other appropriate sanctions as provided under contempt of court in Section 78-32-10 ; or
(b) if the third petition is contested, the court shall hold a hearing to determine by a preponderance of the evidence whether there has been a substantial noncompliance with the parent-time orders.
(9) Upon a finding of substantial noncompliance, the court shall order:
(a) actual costs including actual attorney fees and court costs to the prevailing party;
(b) a finding that there has been a prima facie showing of a substantial change of circumstances which is against the best interest of the child for purposes of modification of custody and order a temporary change of custody for a duration to be determined by the court; and
(c) a finding that there has been a probable cause showing of custodial interference as provided in Section 76-5-303 and order the case to be referred to the county attorney for prosecution.
(10) The court may decline to issue an order with the alternative sanctions as provided in Subsections 78-32-12.2 (2) through (9) although the petitioner has met his burden of proof if the court provides findings on the record explaining why a sanction or sanctions were not imposed.
(11) The noncustodial parent shall give the court and the custodial parent written notice of his intention to exercise the make up parent-time at least seven days before the proposed visit if it is to be on a weekday or weekend, and at least 30 days before the proposed visit if it is to be on a holiday or an extended parent-time period.
(12) The court shall suspend any proceedings under Section 78-32-12.2 if substantial allegations of child abuse or child sexual abuse are under investigation or a case is pending in the courts on the allegations.
(13) The filing of any petition under this section which is found to be without merit and not asserted or defended against in good faith shall be subject to sanctions as determined by the court.
(14) This section shall be implemented only as a pilot
program in the first judicial district as provided in Section
78-32-12.3
.
2001
78-32-13 Procedure when party charged fails to appear.
When the warrant of arrest has been returned served, if
the person arrested does not appear on the return day, the
court or judge may issue another warrant of arrest, or may
order the undertaking to be prosecuted or both. If the undertaking
is prosecuted, the measure of damages in the action is the
extent of the loss or injury sustained by the aggrieved party
by reason of the misconduct for which the warrant was issued,
and the costs of the proceeding.
1953
78-32-14 Excuse for nonappearance - Unnecessary restraint forbidden.
Whenever by the provisions of this chapter an officer
is required to keep in custody a person arrested on a warrant
of attachment and to bring him before a court or judge, the
inability from illness or otherwise of the person to attend
is a sufficient excuse for not bringing him up; and the officer
must not confine a person arrested upon the warrant in a
prison or otherwise restrain him of personal liberty, except
so far as may be necessary to secure his personal attendance.
1953
78-32-15 Contempt of process of nonjudicial officer.
Whenever authority is given to any person, officer (other
than a judicial officer), referee, arbitrator, board or committee
to issue process to compel the attendance of witnesses or
the production of books or papers before such person, officer,
referee, arbitrator, board or committee, and any person duly
subpoenaed to appear and give evidence or to produce any
books or papers shall neglect or refuse to appear or produce
such books or papers according to the requirement of such
subpoena, or shall refuse to testify or to answer any proper
and pertinent question, he shall be deemed in contempt, and
it shall be the duty of the person, officer, referee, arbitrator,
board or committee as the case may be, to report the fact
to the judge of the district court of the county, who may
thereupon issue a warrant of attachment to bring such person
before the judge by whose order such attachment was issued,
or an order to show cause may be granted in the discretion
of the judge.
1953
78-32-16 Procedure.
When a person charged has been brought up or has appeared
he may purge himself of the contempt in the same way, and
the same proceedings shall be had, and the same penalty may
be imposed, and the same punishment inflicted, as in the
case of other contempts mentioned in this chapter.
1953
78-32-17 Noncompliance with child support order.
(1) When a court of competent jurisdiction, or the Office of Recovery Services pursuant to an action under Title 63, Chapter 46b, Administrative Procedures Act, makes an order requiring a parent to furnish support or necessary food, clothing, shelter, medical care, or other remedial care for his child, and the parent fails to do so, proof of noncompliance shall be prima facie evidence of contempt of court.
(2) Proof of noncompliance may be demonstrated by showing that:
(a) the order was made, and filed with the district court; and
(b) the parent knew of the order because:
(i) the order was mailed to the parent at his last-known address as shown on the court records;
(ii) the parent was present in court at the time the order was pronounced;
(iii) the parent entered into a written stipulation and the parent or counsel for the parent was sent a copy of the order;
(iv) counsel was present in court and entered into a stipulation which was accepted and the order based upon the stipulation was then sent to counsel for the parent; or
(v) the parent was properly served and failed to answer.
(3) Upon establishment of a prima facie case of contempt under Subsection (2), the obligor under the child support order has the burden of proving inability to comply with the child support order.
(4) A court may, in addition to other available sanctions, withhold, suspend, or restrict the use of driver's licenses, professional and occupational licenses, and recreational licenses and impose conditions for reinstatement upon a finding that:
(a) an obligor has:
(i) made no payment for 60 days on a current obligation of support as set forth in an administrative or court order and, thereafter, has failed to make a good faith effort under the circumstances to make payment on the support obligation in accordance with the order; or
(ii) made no payment for 60 days on an arrearage obligation of support as set forth in a payment schedule, written agreement with the Office of Recovery Services, or an administrative or judicial order and, thereafter, has failed to make a good faith effort under the circumstances to make payment on the arrearage obligation in accordance with the payment schedule, agreement, or order; and
(iii) not obtained a judicial order staying enforcement of the support or arrearage obligation for which the obligor would be otherwise delinquent;
(b) a custodial parent has:
(i) violated a parent-time order by denying contact for 60 days between a noncustodial parent and a child and, thereafter, has failed to make a good faith effort under the circumstances to comply with a parent-time order; and
(ii) not obtained a judicial order staying enforcement of the parent-time order; or
(c) an obligor or obligee, after receiving appropriate
notice, has failed to comply with a subpoena or order relating
to a paternity or child support proceeding.
2001
