Author: Andrew George
Practice area: Public Order
Andrew is a founding Director of Doogue + George, ranked by Doyle's Guide as a Leading Criminal Defence Lawyer in Victoria (2026) and an LIV Accredited Criminal Law Specialist since 1995 with over 30 years of experience across all Victorian courts, tribunals and Royal Commissions. His depth of experience in this area means clients receive accurate, considered advice.
View full profile →Andrew authored this content and last revised it for accuracy on 5th August 2026.
What is the offence of Contempt of Court?
Contempt of Court is a criminal offence found in section 134 of the Magistrates’ Court Act 1989 in Victoria. It occurs when a person present in court acts in a way that interferes with court processes, such as failing to comply with court requirements.
Key points
- The person was present in court and interfered with court processes
- Examples include refusing to attend when summoned, not producing required documents, refusing to answer lawful questions or disobeying a court order
- This offence is dealt with in the Magistrates’ Court
Common defences may include having a valid reason for non-attendance, inability to comply with a requirement, or disputing conduct alleged to interfere with processes.
Have you been accused of Contempt of Court? You want to avoid making your situation worse and call one of our criminal defence lawyers for legal advice. Most of the time, this allegation arises from a misunderstanding.
Police Interview
If the Police want to interview about an allegation of Contempt of Court, you must get legal advice first. You don’t want to say anything during the interview that can prevent you from raising a defence later on.
It is worth remembering that the Police interview is not the forum for you to explain your side of what happened and hope the Police will realise they have made a mistake.
Pleading Not Guilty
If you decide to fight a charge of Contempt of Court, you want to speak with a lawyer as soon as possible. It is important that all relevant Court documents are carefully examined, including transcript and recordings of hearings. There are different ways that you can be accused of being in Contempt of Court and many possible defences. We have lawyers who are experienced at asking the right questions to fight your case.
Pleading Guilty
If you decide to plead guilty, there is a lot of work we do to achieve the best result. It is our job to learn about you and present your story and explanation for what happened to the Court. We work with you to collect helpful material such as character references and evidence of your previous work or study. There are many important steps to preparing for a plea hearing and this preparation should begin as early as possible.
Examples of Contempt of Court
- A witness in a court case has been summoned and refuses to produce a document required by the summons
- Someone is summoned as a witness to a trial and will not attend
- During cross examination in a trial, a witness refuses to answer a lawful question
Defences
- You have a good reason as to why you could not produce the summoned document
- You were unable to attend court because of a family emergency
- You were not lying
There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.
Questions that are asked in cases like this:
- What was the reason for your behaviour?
- Do you think you were in contempt?
Maximum penalty and court that deals with this charge
Contempt of Court (s134 of the Magistrates’ Court Act 1989) is heard in the Magistrates’ Court. The offence is considered a very serious offence and if you are found guilty you will normally face a jail term.
What is the legal definition of Contempt of Court Order?
Under the Magistrates’ Court Act, Contempt of Court is when a witness refuses to attend court; does not produce required documents; refuses to answer questions; disobeys a court order; or in the opinion of the Magistrate, the witness lies.
Under the Common Law, the offence is broader and includes interference with the administration of justice.
Was there contempt?
The Law
The section that covers this offence is section 134 of the Magistrates’ Court Act.
This is also a common law offence and therefore, the law surrounding contempt of court also comes from case law.
What can you be sentenced to for this charge?
If you are found guilty of Contempt of Court, you will normally be punished with a fine.
FAQs for Contempt of Court
What conduct can lead to a contempt of court charge?
Conduct can include refusing to attend court when summoned, not producing required documents, refusing to answer lawful questions during testimony, or failing to obey a lawful court order in a way that interferes with the court processes.
What defences apply to contempt of court charges in Victoria?
Possible defences include having a legitimate reason for not attending court, circumstances preventing compliance with a requirement, or challenging the allegation that the person’s conduct interfered with the court processes.
What happens if someone is found guilty of contempt of court?
Do I need a lawyer if charged with contempt of court?
Yes, if you are charged with contempt of court in Victoria, it is vital to seek legal advice. An experienced criminal lawyer can guide you through interviews, evidence, and court appearances.
Can contempt of court charges be withdrawn before trial?
Yes, charges of contempt of court may sometimes be withdrawn before trial if the prosecution evidence is weak. Defence lawyers often negotiate with prosecutors to discontinue weak cases.
Does contempt of court lead to a criminal record in Melbourne?
Yes, a conviction for contempt of court will normally appear on your criminal record in Melbourne. Skilled legal representation can help avoid or minimise the impact.
Can I get bail for contempt of court charges in Victoria?
Bail can usually be sought if charged with contempt of court. Success depends on the seriousness of the charge and your personal circumstances. Lawyers prepare strong bail applications to maximise release chances.
How long do contempt of court cases take in court?
The length of a contempt of court case in Victoria depends on its complexity and whether it goes to trial. Cases may last months or longer, especially if contested in higher courts.
Do you represent clients for contempt of court in Melbourne courts?
Yes, Doogue + George regularly represent clients charged with contempt of court in Melbourne and regional courts. Our team provides expert defence and tailored strategies.
What experience do Doogue + George have with contempt of court cases?
Doogue + George Defence Lawyers have extensive experience with contempt of court cases, including high-profile matters. We bring decades of expertise to defending clients in Victoria.
