Contempt of court is disobedience to or disrespect of a court by acting in opposition to its authority. The power to punish for contempt is an inherent power of a court and an essential element of judicial independence and authority. A court’s power to punish by contempt order allows the court to enforce its orders.

Actions constituting contempt of court can be divided into two categories: direct and constructive. Direct contempt involves disobedience or disrespect that occurs within the presence of the court. Constructive contempt occurs outside the court’s presence. The distinction between direct and constructive contempt is important because it determines the procedural protections that must be provided.

Contempt punishment can be divided into criminal and civil. Civil contempt is coercive, and the contemnor (person held in contempt) may obtain his release by complying with the court’s order. In criminal contempt proceedings, the court punishes the contemnor for improper actions and no subsequent voluntary compliance can avoid punishment for past acts. Criminal contempt proceedings require additional due process protections. The required constitutional protections depend on whether the criminal contempt is serious or not. Serious criminal contempt involves imprisonment for more than six months. However, even for non-serious criminal contempt proceedings, courts have held that parties are entitled to advance notice of their potential punishment.

Finally, because due process requires not only notice, but an opportunity to be heard, a person accused of contempt is also entitled to present a defense to the alleged contempt.

In Georgia, contempt of court is considered a serious offense that can be categorized as either direct or constructive, depending on whether the act occurred in the presence of the court or outside it. The state recognizes both civil and criminal contempt, with civil contempt being remedial and allowing the contemnor to comply with the court's order to be released, while criminal contempt is punitive, and compliance with the court's order does not negate the punishment for past actions. For criminal contempt, due process protections are required, and these protections are more extensive if the contempt is considered 'serious,' typically involving imprisonment for more than six months. Even in cases of non-serious criminal contempt, the accused must receive advance notice of the charges and potential punishment, and they have the right to present a defense. Georgia courts, like all courts, have the inherent power to enforce their orders and maintain their authority through contempt proceedings, ensuring that parties respect the judicial process.