A person who fails to comply with a writ of habeas corpus, or with a judgment rendered after a hearing on a petition for a writ of habeas corpus, mandamus, or quo warranto may be punished for contempt. When a sentence of imprisonment is imposed for contempt, imprisonment may continue until the defendant obeys the writ or judgment.
Art. 3785.Disobedience of Writ Or Judgment; Contempt
Book VII. Special Proceedings · Title III. Extraordinary Remedies · Chapter 1. General Dispositions · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 3785 lets a court punish contempt for disobeying a writ of habeas corpus, or for disobeying the judgment that follows a hearing on any of the three extraordinary remedies, and allows imprisonment for that contempt to continue until the person finally complies.
Full Text of Art. 3785
Plain-English Summary
Article 3785 gives the three extraordinary remedies their teeth. A writ or a judgment that nobody has to obey would accomplish little, so this article backs both with the threat of contempt for a person who fails to comply.
The article draws a distinction worth noticing. For habeas corpus, contempt can follow disobedience of the writ itself, or of the judgment rendered after the hearing on it. For mandamus and quo warranto, the article speaks only to disobeying the judgment. That difference tracks how each writ works procedurally: a habeas corpus writ commands the immediate production of a person, so ignoring that command before any hearing takes place is itself a wrong the court can punish, while a mandamus petition instead produces an alternative writ under Article 3865 that gives the defendant a chance to comply or contest the demand before any final command exists to disobey.
The contempt remedy here is coercive rather than purely punitive. When a court imposes imprisonment for this kind of contempt, Article 3785 lets that imprisonment continue until the person obeys the writ or judgment, rather than fixing a set term in advance. The point is compliance, not punishment for its own sake, and the sentence lifts as soon as the person does what the writ or judgment required.
Frequently Asked Questions
What happens if someone ignores a Louisiana habeas corpus writ?
Article 3785 lets the court punish that failure as contempt, whether the person disobeyed the writ itself or the judgment rendered after a hearing on it.
Can someone be jailed for disobeying a mandamus or quo warranto ruling?
Yes, but only for disobeying the judgment rendered after the hearing, not an earlier interim writ, and the resulting contempt sanction can include imprisonment under Article 3785.
How long does someone stay in jail for this kind of contempt?
Article 3785 lets the imprisonment continue until the person complies with the writ or judgment, rather than setting a fixed term in advance.
Why does habeas corpus allow contempt for disobeying the writ itself, unlike mandamus?
Because a habeas corpus writ commands the immediate production of a person, so ignoring that command is itself a violation, while a mandamus case first proceeds through an alternative writ giving the defendant a chance to comply or contest before any final command exists.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
Also known as: contempt for disobeying writ LouisianaArticle 3785 Louisianahabeas corpus contempt Louisianaimprisonment until compliance Louisianadisobeying mandamus judgment Louisiana