Utah Code
Utah Code § 78B-6-311 (2026)
Damages to party aggrieved
✓ current as of May 2026
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If an actual loss or injury to a party in an action or special proceeding is caused by the contempt, the court:
in lieu of or in addition to the fine or imprisonment imposed for the contempt, may order the person proceeded against to pay the party aggrieved a sum of money sufficient to indemnify and satisfy the aggrieved party's costs and expenses; and
may order that any bail posted by the person proceeded against be used to satisfy all or part of the money ordered to be paid to the aggrieved party.
The order described in Subsection (1)(b), and the acceptance of money under the order, is a bar to an action by the aggrieved party for the loss and injury.
Notes of Decisions
Cited in 15
cases (2 in the last 5 years), 2011–2021 · leading case: Iota v. Davco Mgmt. Co., 2016 UT App 231 (Utah Ct. App. 2016).
Iota v. Davco Mgmt. Co., 2016 UT App 231 (Utah Ct. App. 2016). “Relying on that point, Davco asserts that “the cause of [Iota’s] injury is the failure by Davco to assign rents to [Iota],” not Davco’s failure to obey the Ex Parte Order. As we understand it, Davco’s contention is that the Ex Parte Order simply restated the obligation Davco…”
Goggin v. Goggin, 2013 UT 16 (Utah 2013). “Section 78B-6-311 of the Utah Code (Contempt Statute) provides that "[I}f an actual loss or injury to a party in an action or special proceeding is caused by the contempt, the court .”
Erickson v. Erickson, 2018 UT App 184 (Utah Ct. App. 2018). “In an affidavit, Mother's counsel argued Mother was entitled to an award of attorney fees under Utah Code section 78B-6-311, which allows the court to order an award to a party who is injured or suffers a loss caused by contempt.”
Gardner v. Gardner, 2012 UT App 374 (Utah Ct. App. 2012). “See Utah Code Ann. § 78B-6-311 (providing that a person aggrieved by contemptuous conduct may be awarded "a sum of money sufficient to indemnify .”
Clarke v. Clarke, 2012 UT App 328 (Utah Ct. App. 2012). “" Utah Code Ann. § 78B-6-311 (2008). Damages incurred due to another's contemptuous conduct may include related attorney fees.”
Allen v. Allen, 2021 UT App 20 (Utah Ct. App. 2021). “” ¶22 On the matter of attorney fees, the court had already concluded that under Utah Code section 78B-6-311(1), as “an additional sanction for nonpayment,” Kent would have to pay Rebecca’s attorney fees incurred “in prosecuting the request for entry of judgment and motions for…”
Dickman Fam. Props., Inc. v. White, 2013 UT App 116 (Utah Ct. App. 2013). “In support of this position, the Whites assert a relatively novel legal argument that they, rather than the district court, have the right to determine the purpose of a contempt proceeding that they initiated, contending that as "an aggrieved partyl, they have] a civil remedy…”
McQuarrie v. McQuarrie, 2019 UT App 147 (Utah Ct. App. 2019). “Utah Code Ann. § 78B-6-311(1) (allowing courts to “order the person proceeded against to pay the party aggrieved a sum of money sufficient to indemnify and satisfy the aggrieved party’s costs and expenses”); see also Goggin v.”
Wollsieffer v. Wollsieffer, 2019 UT App 99 (Utah Ct. App. 2019). “2018), and Utah Code section 30-3-3(2), which authorizes an award of attorney fees and costs in any action to enforce an order of child support to the party that "substantially prevailed upon the claim or defense.”
Widdison v. Kirkham, 2018 UT App 205 (Utah Ct. App. 2018). “6 There is one exception to the pronouncements we make in this section. Separate from the attorney fees awarded pursuant to Utah Code section 30-3-3(2), the court awarded Husband his attorney fees incurred by reason of Wife's contempt.”
Utah Telecomm. Open Infrastructure Agency v. Hogan, 2013 UT App 8 (Utah Ct. App. 2013). “1898 § 3368 (Young, Smith & Lee 1898) (current version at Utah Code Ann. § 78B-6-311 (LexisNexis 2012).”
Valerios Corp. v. MacIas, 2015 UT App 4 (Utah Ct. App. 2015). “3d 1079 (quoting Utah Code Ann. § 78B-6-311 (LexisNexis 2012)).”
— Utah Code § 78B-6-311(1) — 6 cases
Iota v. Davco Mgmt. Co., 2016 UT App 231 (Utah Ct. App. 2016). “Relying on that point, Davco asserts that “the cause of [Iota’s] injury is the failure by Davco to assign rents to [Iota],” not Davco’s failure to obey the Ex Parte Order. As we understand it, Davco’s contention is that the Ex Parte Order simply restated the obligation Davco…”
Allen v. Allen, 2021 UT App 20 (Utah Ct. App. 2021). “” ¶22 On the matter of attorney fees, the court had already concluded that under Utah Code section 78B-6-311(1), as “an additional sanction for nonpayment,” Kent would have to pay Rebecca’s attorney fees incurred “in prosecuting the request for entry of judgment and motions for…”
Erickson v. Erickson, 2018 UT App 184 (Utah Ct. App. 2018). “In an affidavit, Mother's counsel argued Mother was entitled to an award of attorney fees under Utah Code section 78B-6-311, which allows the court to order an award to a party who is injured or suffers a loss caused by contempt.”
McQuarrie v. McQuarrie, 2019 UT App 147 (Utah Ct. App. 2019). “Utah Code Ann. § 78B-6-311(1) (allowing courts to “order the person proceeded against to pay the party aggrieved a sum of money sufficient to indemnify and satisfy the aggrieved party’s costs and expenses”); see also Goggin v.”
Widdison v. Kirkham, 2018 UT App 205 (Utah Ct. App. 2018). “6 There is one exception to the pronouncements we make in this section. Separate from the attorney fees awarded pursuant to Utah Code section 30-3-3(2), the court awarded Husband his attorney fees incurred by reason of Wife's contempt.”
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