Trial Court Denies Due Process When It Refuses to Hold a Hearing on a Contempt Petition
Contempt
May 25, 2011
On May 24, 2011, the Indiana Court of Appeals held that a trial court erred when it refused to conduct a hearing on a contempt petition that was not statutorily deficient in S.W. v. Kurtic, ___ N.E.2d ___ (Ind. Ct. App. 2011), Cause No. 71A03-1012-PO-655. Such a failure violates the petitioner's due process rights.
Lessons:
On May 24, 2011, the Indiana Court of Appeals held that a trial court erred when it refused to conduct a hearing on a contempt petition that was not statutorily deficient in S.W. v. Kurtic, ___ N.E.2d ___ (Ind. Ct. App. 2011), Cause No. 71A03-1012-PO-655. Such a failure violates the petitioner's due process rights.
Lessons:
- If a petition for civil contempt is not statutorily deficient, then a trial court must hold a hearing on the petition.
- The possibility of criminal sanctions for an act that also constitutes contempt of court should not be considered when determining an appropriate sanction for the contempt.
Brad A. Catlin
Price Waicukauski & Riley, LLC
Learn more about Brad and contact us
Download a copy of this article here
Price Waicukauski & Riley, LLC
Learn more about Brad and contact us
Download a copy of this article here
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