§ 125.066.Violation of Court Order

The contempt provision, and its numbers match the common nuisance subchapter’s exactly.

A person who violates a temporary or permanent injunctive order is subject to a fine of not less than $1,000 nor more than $10,000, confinement in jail for a term of not less than 10 nor more than 30 days, or both fine and confinement.

Both the floors and the ceilings are stated, which is unusual. A court finding a violation cannot impose a nominal fine, and cannot exceed the stated maximum.

The minimum of ten days’ confinement is the notable figure. Where confinement is imposed at all, it is measured in weeks.

The section describes this as civil contempt, which ordinarily coerces compliance rather than punishing a past act. The fixed terms sit uneasily with that description, and a court will approach a determinate jail term with the protections such a sanction attracts.

Contempt is what gives a gang injunction its force. The underlying conduct is often already criminal; the injunction adds a faster and more certain consequence, imposed by the court that issued the order.

It also reaches conduct that is not criminal at all. An injunction may impose reasonable requirements restraining lawful behaviour, and contempt is the only sanction for breaching those.

Contempt is not the only exposure. Violating an injunction under this subchapter also supports a civil action for actual damages and a penalty of up to $20,000 for each violation.

The two operate together, one punishing the disobedience and the other compensating the community.