Section 3 Elements

• Library: Remedies 2006

A constructive civil contempt is defined as “where a person fails or refuses to do something which he has been ordered to do, or has done something he has been ordered not to do for the benefit of the opposite party to a cause.” Jafarian-Kerman v. Jafarian-Kerman, 424 S.W.2d 333, 340 (Mo. App. W.D. 1967) (quoting Ex parte Clark, 106 S.W. 990, 996 (Mo. banc 1907)). Here it is presumed that the court was referring to what is now called “indirect” civil contempt as that term is only used in three cases and the follow-up in Jafarian-Kerman leads to this conclusion. “In civil contempts the object of the punishment is for the purpose of coercing the performance...