18 U.S.C. 401 authorizes federal courts to punish three specified categories of contempt: obstructive misbehavior in or near the court, misconduct by court officers in official transactions, and disobedience or resistance to lawful court commands. The statute does not supply unlimited power to punish criticism. [1]
Rules that determine the answer
Civil contempt generally aims to coerce compliance or compensate; criminal contempt punishes completed misconduct. Procedure and constitutional protections depend on that distinction and the contemplated sanction. The statute does not state one universal maximum term. Criminal Rule 42 and, where applicable, jury-trial requirements constrain the process. [1] [2]
An order believed to be wrong usually must be challenged through available judicial procedures. Simply ignoring it can create contempt exposure while the underlying disagreement remains unresolved.
What to check before taking the next step
- Read the precise order, determine what conduct allegedly violated it, and identify whether the proceeding is civil or criminal.
- Collect the order, proof of notice, compliance efforts, hearing notices, and evidence of ability to comply.
A distinction that changes the result
A coercive civil sanction ordinarily gives the person a meaningful opportunity to comply and avoid or end the sanction, while a punitive sanction can trigger criminal-contempt protections. Labels in a motion are not conclusive; the sanction’s actual purpose and operation matter. An alleged inability to comply should be documented with specific facts, not a conclusory refusal. Where an order is ambiguous, preserve the language, notice, and relevant communications because clarity and the required mental state can affect the contempt analysis. [1] [2]
Practical example
A person unable to comply may raise different issues from someone who can comply but deliberately refuses. A coercive civil sanction must be evaluated against its legal purpose.
For related situations, see bankruptcy courts’ Section 105 powers and federal obstruction of justice.
Primary sources
- 18 U.S.C. § 401: official United States Code
- Federal Rules of Criminal Procedure, effective December 1, 2025
Sources checked: October 31, 2026.