Section 310 – Contempt — Action by court.
Effective 7/1/2019 78B-6-310. Contempt — Action by court. (1) 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 […]
Section 311 – Damages to party aggrieved.
Effective 5/12/2020 78B-6-311. Damages to party aggrieved. (1) If an actual loss or injury to a party in an action or special proceeding is caused by the contempt, the court: (a) in lieu of or in addition to the fine or imprisonment imposed for the contempt, may order the person proceeded against to pay the […]
Section 312 – Imprisonment to compel performance.
78B-6-312. Imprisonment to compel performance. When the contempt consists of the omission to perform an act enjoined by law, which is yet in the power of the person to perform, the person may be imprisoned until the act is performed, or until released by the court. The act shall be specified in the warrant of […]
Section 313 – Contempt of process of nonjudicial officer — Procedure.
78B-6-313. Contempt of process of nonjudicial officer — Procedure. (1) If a person, officer, referee, arbitrator, board, or committee with the authority to compel the attendance of witnesses or the production of documents issues a subpoena and the person to whom the subpoena is issued refuses to appear or produce the documents ordered, the person […]
Section 314 – Re-entry after eviction from real property.
78B-6-314. Re-entry after eviction from real property. (1) A person who is ordered to vacate real property by a court of competent jurisdiction, who, not having a right so to do, refuses to vacate, re-enters, or takes possession of, the real property, is guilty of a contempt of the court issuing the judgment. (2) Upon […]
Section 315 – Noncompliance with child support order.
78B-6-315. Noncompliance with child support order. (1) When a court of competent jurisdiction, or the Office of Recovery Services pursuant to an action under Title 63G, Chapter 4, 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 […]
Section 316 – Compensatory service for violation of parent-time order or failure to pay child support.
78B-6-316. 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 […]
Section 317 – Willful failure to pay a civil accounts receivable or a civil judgment of restitution.
Effective 7/1/2021 78B-6-317. Willful failure to pay a civil accounts receivable or a civil judgment of restitution. (1) As used in this section: (a) “Civil accounts receivable” means the same as that term is defined in Section 77-32b-102. (b) “Civil judgment of restitution” means the same as that term is defined in Section 77-32b-102. (c) […]
Section 303 – Warrant of attachment or commitment order to show cause.
78B-6-303. Warrant of attachment or commitment order to show cause. If 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. If there is no previous arrest, a warrant of commitment may, upon notice, or […]
Section 304 – Bail.
78B-6-304. Bail. Whenever a warrant of attachment is issued pursuant to this chapter, the court or judge must direct, by an indorsement on the warrant, that the person charged may be allowed to post bail for the person’s appearance, in an amount to be prescribed in the indorsement. Renumbered and Amended by Chapter 3, 2008 […]