N.C. Ct. App. Leg. Stand., CIVIL - TRIAL MATTERS, Contempt
Standard of Review
"The standard of review for contempt proceedings is limited to determining whether there is competent evidence to support the findings of fact and whether the findings support the conclusions of law. 'Findings of fact made by the judge in contempt proceedings are conclusive on appeal when supported by any competent evidence and are reviewable only for the purpose of passing upon their sufficiency to warrant the judgment.' Watson v. Watson, 187 N.C. App. 55, 64, 652 S.E.2d 310, 317 (2007) (citation omitted) (quoting Hartsell v. Hartsell, 99 N.C. App. 380, 385, 393 S.E.2d 570, 573 (1990)), disc. review denied, 362 N.C. 373, 662 S.E.2d 551 (2008); see also State v. Simon, 185 N.C. App. 247, 250, 648 S.E.2d 853, 855, (applying a similar standard of review for review of criminal contempt proceedings), disc. review denied, 361 N.C. 702, 653 S.E.2d 158 (2007).
Civil Contempt (N.C. Gen. Stat. § 5A-21)
"Civil contempt is designed to coerce compliance with a court order, and a party's ability to satisfy that order is essential. Because civil contempt is based on a willful violation of a lawful court order, a person does not act willfully if compliance is out of his or her power. Willfulness constitutes: (1) an ability to comply with the court order; and (2) a deliberate and intentional failure to do so. Ability to comply has been interpreted as not only the present means to comply, but also the ability to take reasonable measures to comply. A general finding of present ability to comply is sufficient when there is evidence in the record regarding defendant's assets. Watson v. Watson, 187 N.C. App. 55, 66, 652 S.E.2d 310, 318 (2007) (citations and quotation marks omitted), disc. review denied, 362 N.C. 373, 662 S.E.2d 551 (2008).
"The order of the court holding a person in civil contempt must specify how the person may purge himself of the contempt. The court's conditions under which defendant can purge herself of contempt cannot be vague such that it is impossible for defendant to purge herself of contempt, and a contemnor cannot be required to pay compensatory damages. Watson v. Watson, 187 N.C. App. 55, 65, 652 S.E.2d 310, 317 (2007) (citations and quotation marks omitted), disc. review denied, 362 N.C. 373, 662 S.E.2d 551 (2008).
Criminal Contempt (N.C. Gen. Stat. § 5A-11)
"Criminal contempt is imposed in order to preserve the court's authority and to punish disobedience of its orders. Criminal contempt is a crime, and constitutional safeguards are triggered accordingly. Watson v. Watson, 187 N.C. App. 55, 61, 652 S.E.2d 310, 315 (2007) (citation omitted), disc. review denied, 362 N.C. 373, 662 S.E.2d 551 (2008).
N.c. Ct. App. Leg. Stand., CIVIL - TRIAL MATTERS, Contempt