Arizona Revised Statutes
Ariz. Rev. Stat. § 12-861 (2026)
Criminal contempt defined
✓ current as of May 2026
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A person who wilfully disobeys a lawful writ, process, order or judgment of a superior court by doing an act or thing therein or thereby forbidden, if the act or thing done also constitutes a criminal offense, shall be proceeded against for contempt as provided in sections 12-862 and 12-863.
Notes of Decisions
Cited in 27
cases (1 in the last 5 years), 1958–2026 · leading case: Ottaway v. Smith, 113 P.3d 1247 (Ariz. Ct. App. 2005).
Ottaway v. Smith, 113 P.3d 1247 (Ariz. Ct. App. 2005). “[d]isobey[ing] or resisting] the lawful order, process or other mandate of a court,” also meets the definition of “criminal contempt” found in A.R.S. § 12-861 (2003), 2 and yet, unlike § 13-2810, § 12-863 permits a jury trial of such charges at the defendant’s request.”
Ong Hing v. Thurston, 416 P.2d 416 (Ariz. 1966). “Petitioner contends that if his conduct was in contempt of court, it was of such a nature to be classified as criminal contempt and therefore comes within the provisions of A.R.S. §§ 12-861 through 12-863 instead of A.”
Green v. Lisa Frank, Inc., 211 P.3d 16 (Ariz. Ct. App. 2009). “See A.R.S. §§ 12-861, 12-863. Therefore, according to the binding precedent in Wright , which has never been overruled, the legislature has specifically provided that no appeal will lie from a civil contempt order.”
State v. Wagstaff, 794 P.2d 118 (Ariz. 1990). “We cannot exercise our contempt powers pursuant to A.R.S. § 12-861 if we cannot issue the order setting out the conditions of parole.”
Van Baalen v. Superior Court, 508 P.2d 771 (Ariz. Ct. App. 1973). “§ 12-864, which provides as follows: “Contempts committed in the presence of the court or so near thereto as to obstruct the administration of justice, and contempts committed by failure to obey a lawful writ, process, order, judgment of the court, and all other con-tempts not…”
In Re Manny, 120 P.3d 1111 (Ariz. Ct. App. 2005). “At that time, the court ordered her attorney to brief the issue of whether the provisions of § 8-234 or A.R.S. § 12-861, the general contempt statute, governed her sentence.”
State v. Ferguson, 579 P.2d 559 (Ariz. 1978). “A.R.S. §§ 12-861, 12-863 and 13-341 and 17 A.”
Stoddard v. Donahoe, 228 P.3d 144 (Ariz. Ct. App. 2010). “The statute also defines criminal contempt as a class 2 misdemeanor and gives the person the right to appeal “as in criminal cases and the appeal shall stay execution of the sentence and the person found guilty of contempt, if sentenced to imprisonment, shall be admitted to bail.”
In Re the Appeal in Maricopa Cnty., Juv. Action No. JT-295003, 616 P.2d 84 (Ariz. Ct. App. 1980). “The contempt found to have been committed here was committed in the presence of the court and was such as to obstruct the administration of justice.”
Owen v. City Court of City of Tucson, 599 P.2d 223 (Ariz. 1979). “See A.R.S. §§ 12-861 and 12-862. There is no specific reference to the superior court in A.”
State v. Verdugo, 602 P.2d 472 (Ariz. 1979). “Since A.R.S. § 12-861 is limited in scope to criminal contempts which are also crimes, the proper procedure was that set forth in Rule 33.”
State v. Cohen, 489 P.2d 283 (Ariz. Ct. App. 1971). “Was the failure of the plaintiff to pray for a temporary injunction a fatal defect in the jurisdiction of the court to enter a judgment of contempt of the temporary injunction?” FAILURE TO MAKE FINDINGS OF FACT While contending that the proceedings in this case were governed by…”
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