Virginia Code

Va. Code Ann. § 18.2-456 (2026)

Cases in which courts and judges may punish summarily for contempt

✓ current as of May 2026

Find cases: SyfertCases citing this section VA-LISlaw.lis.virginia.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

A. The courts and judges may issue attachments for contempt, and punish them summarily, only in the following cases:

1. Misbehavior in the presence of the court, or so near thereto as to obstruct or interrupt the administration of justice;

2. Violence, or threats of violence, to a judge or officer of the court, or to a juror, witness, or party going to, attending, or returning from the court, for or in respect of any act or proceeding had, or to be had, in such court;

3. Vile, contemptuous, or insulting language addressed to or published of a judge for or in respect of any act or proceeding had, or to be had, in such court, or like language used in his presence and intended for his hearing for or in respect of such act or proceeding;

4. Misbehavior of an officer of the court in his official character;

5. Disobedience or resistance of an officer of the court, juror, witness, or other person to any lawful process, judgment, decree, or order of the court; and

6. Willful failure to appear before any court or judicial officer as required after having been charged with a felony offense or misdemeanor offense or released on a summons pursuant to § 19.2-73 or 19.2-74. In determining whether a failure to appear was willful pursuant to this subdivision, the court shall consider mitigating circumstances, including those circumstances listed in subsection A of § 19.2-128.

B. The judge shall indicate, in writing, under which subdivision in subsection A a person is being charged and punished for contempt.

C. Nothing in subdivision A 6 shall be construed to prohibit prosecution under § 19.2-128. The provisions of subdivision A 6 shall not apply to any person who is (i) incarcerated in any correctional facility or (ii) (a) detained in any state or federal facility or (b) in the custody of a law-enforcement officer at the time such person is required to appear before any court or judicial officer.

Code 1950, § 18.1-292; 1960, c. 358; 1975, cc. 14, 15; 2019, c. 708; 2024, c. 109; 2026, cc. 241, 242.

Notes of Decisions

Cited in 145 cases (39 in the last 5 years), 1978–2026 · leading case: George M. Epps, Sheriff of City of Petersburg, Virginia v. Commonwealth, 626 S.E.2d 912 (Va. Ct. App. 2006).

Sort: Relevance Newest Treatment

George M. Epps, Sheriff of City of Petersburg, Virginia v. Commonwealth, 626 S.E.2d 912 (Va. Ct. App. 2006). · cites it 58× “Judge D’Alton then issued a rule to show cause requiring appellant to show cause why he should not be held in contempt of court, pursuant to Code § 18.2-456 upon violation of the -4- orders of April 16, 2002 and July 1, 2003.”

Baugh v. Commonwealth, 417 S.E.2d 891 (Va. Ct. App. 1992). · cites it 48× “Baugh, an attorney licensed to practice in Virginia, was summarily convicted of contempt by a trial judge in the general district court for violating Code § 18.2-456 and sentenced to ten days in jail.”

Scialdone v. Commonwealth, 660 S.E.2d 317 (Va. Ct. App. 2008). · cites it 56× “Jones each appeal from a finding of summary contempt for violating Code § 18.2-456. [1] On appeal, each contends the proceeding in which he was convicted for contempt was not a summary proceeding and, thus, that he was improperly denied his due process rights, [2] including the…”

Singleton v. Com., 685 S.E.2d 668 (Va. 2009). · cites it 22× “In these appeals, we consider whether the evidence was sufficient to convict two attorneys for contempt of court in violation of Code § 18.2-456. In Singleton v. Commonwealth , Kenneth L.”

Epps v. Commonwealth, 616 S.E.2d 67 (Va. Ct. App. 2005). · cites it 40× “Judge D'Alton then issued a rule to show cause against appellant requiring appellant to show cause why he should not be held in contempt of court, pursuant to Code § 18.2-456 upon violation of the orders of April 16, 2002 and July 1, 2003.”

Nusbaum v. Berlin, 641 S.E.2d 494 (Va. 2007). · cites it 13× “2-457, "[n]o court shall, without a jury, for any such contempt as is mentioned in the first class embraced in § 18.2-456, impose a fine exceeding $250 or imprison more than ten days.”

Alexy J. Abdo, a/k/a Alexi J. Abdo v. Commonwealth of Virginia, 769 S.E.2d 677 (Va. Ct. App. 2015). · cites it 12× “See Code § 18.2-456 (limiting the courts' power to summarily punish contempt to the instances listed in that statute).”

Rozario v. Commonwealth, 647 S.E.2d 502 (Va. Ct. App. 2007). · cites it 38× “Rozario (appellant) was convicted by the Chesterfield County Circuit Court, sitting as the fact finder, of contempt of court under Code § 18.2-456. [1] He argues that the trial court should not have considered the results of an Alcosensor test as evidence that he appeared…”

Scialdone v. Com., 689 S.E.2d 716 (Va. 2010). · cites it 12× “Jones (collectively, the defendants) in contempt pursuant to Code § 18.2-456. [1] Contrary to the holding of the Court of Appeals of Virginia, we conclude that the defendants preserved for appeal their argument that the circuit court deprived them of their due process rights by…”

Est. of Hackler v. Hackler, 602 S.E.2d 426 (Va. Ct. App. 2004). · cites it 8× “Code § 18.2-456. Courts are clothed with power and charged with the duty of maintaining the dignity of the law.”

Robinson v. Commonwealth, 583 S.E.2d 60 (Va. Ct. App. 2003). · cites it 14× “At the onset of the contempt hearing, the trial court announced appellant was charged with indirect contempt and indicated, “This hearing is not a summary hearing, it’s a plenary hearing, that is to say a full hearing____” The judge further indicated he was not constrained by…”

Priscilla Sherrie Parham v. Commonwealth of Virginia, 729 S.E.2d 734 (Va. Ct. App. 2012). · cites it 16× “2-456(1), has remained unchanged since the original 1831 statute.”

Show all 145 citing cases →

— Va. Code Ann. § 18.2-456(1) — 29 cases

George M. Epps, Sheriff of City of Petersburg, Virginia v. Commonwealth, 626 S.E.2d 912 (Va. Ct. App. 2006). “Judge D’Alton then issued a rule to show cause requiring appellant to show cause why he should not be held in contempt of court, pursuant to Code § 18.2-456 upon violation of the -4- orders of April 16, 2002 and July 1, 2003.”

Nusbaum v. Berlin, 641 S.E.2d 494 (Va. 2007). “2-457, "[n]o court shall, without a jury, for any such contempt as is mentioned in the first class embraced in § 18.2-456, impose a fine exceeding $250 or imprison more than ten days.”

Baugh v. Commonwealth, 417 S.E.2d 891 (Va. Ct. App. 1992). “Baugh, an attorney licensed to practice in Virginia, was summarily convicted of contempt by a trial judge in the general district court for violating Code § 18.2-456 and sentenced to ten days in jail.”

Priscilla Sherrie Parham v. Commonwealth of Virginia, 729 S.E.2d 734 (Va. Ct. App. 2012). “2-456(1), has remained unchanged since the original 1831 statute.”

Epps v. Commonwealth, 616 S.E.2d 67 (Va. Ct. App. 2005). “Judge D'Alton then issued a rule to show cause against appellant requiring appellant to show cause why he should not be held in contempt of court, pursuant to Code § 18.2-456 upon violation of the orders of April 16, 2002 and July 1, 2003.”

— Va. Code Ann. § 18.2-456(3) — 9 cases

Scialdone v. Com., 689 S.E.2d 716 (Va. 2010). “Jones (collectively, the defendants) in contempt pursuant to Code § 18.2-456. [1] Contrary to the holding of the Court of Appeals of Virginia, we conclude that the defendants preserved for appeal their argument that the circuit court deprived them of their due process rights by…”

Scialdone v. Commonwealth, 660 S.E.2d 317 (Va. Ct. App. 2008). “Jones each appeal from a finding of summary contempt for violating Code § 18.2-456. [1] On appeal, each contends the proceeding in which he was convicted for contempt was not a summary proceeding and, thus, that he was improperly denied his due process rights, [2] including the…”

Williams & Connolly v. People, 643 S.E.2d 136 (Va. 2007).

Morrissey v. Virginia State Bar Ex Rel. Third Dist. Comm., 538 S.E.2d 677 (Va. 2000).

Commonwealth v. Ostrander, 93 Va. Cir. 384 (Chesapeake Cir. Ct. 2016).

— Va. Code Ann. § 18.2-456(4) — 8 cases

Singleton v. Com., 685 S.E.2d 668 (Va. 2009). “In these appeals, we consider whether the evidence was sufficient to convict two attorneys for contempt of court in violation of Code § 18.2-456. In Singleton v. Commonwealth , Kenneth L.”

— Va. Code Ann. § 18.2-456(5) — 36 cases

Petrosinelli v. PETA, 643 S.E.2d 151 (Va. 2007).

Est. of Hackler v. Hackler, 602 S.E.2d 426 (Va. Ct. App. 2004). “Code § 18.2-456. Courts are clothed with power and charged with the duty of maintaining the dignity of the law.”

Brittle v. Commonwealth, 680 S.E.2d 335 (Va. Ct. App. 2009).

— Va. Code Ann. § 18.2-456(A) — 4 cases

Steve L. Washington v. Commonwealth of Virginia (Va. Ct. App. 2024).

Jacob Alexander Meadows v. Commonwealth of Virginia (Va. Ct. App. 2024).

Umid Khikmatov v. Commonwealth of Virginia (Va. Ct. App. 2025).

Amy Lynn Childress v. Commonwealth of Virginia (Va. Ct. App. 2026).

— Va. Code Ann. § 18.2-456(A)(1) — 14 cases

Kerry Lennell Boone v. Commonwealth of Virginia (Va. Ct. App. 2024).

Raymond Charles Bell v. Commonwealth of Virginia (Va. Ct. App. 2024).

Umid Khikmatov v. Commonwealth of Virginia (Va. Ct. App. 2025).

Steve L. Washington v. Commonwealth of Virginia (Va. Ct. App. 2024).

Amy Lynn Childress v. Commonwealth of Virginia (Va. Ct. App. 2026).

— Va. Code Ann. § 18.2-456(A)(2) — 1 case

Heather Ford, Sometimes Known as Heather D'Anne Ford v. Commonwealth of Virginia (Va. Ct. App. 2025).

— Va. Code Ann. § 18.2-456(A)(3) — 3 cases

Brian Hernandez v. Commonwealth of Virginia (Va. Ct. App. 2024).

Debra Desmore Corcoran v. Commonwealth of Virginia (Va. Ct. App. 2026).

Raymond Charles Bell v. Commonwealth of Virginia (Va. Ct. App. 2024).

— Va. Code Ann. § 18.2-456(A)(4) — 1 case

Steve L. Washington v. Commonwealth of Virginia (Va. Ct. App. 2024).

— Va. Code Ann. § 18.2-456(A)(5) — 5 cases

Man K. Nguyen v. Commonwealth of Virginia (Va. Ct. App. 2023).

Richard Edward Moore v. Commonwealth of Virginia (Va. Ct. App. 2025).

Steve L. Washington v. Commonwealth of Virginia (Va. Ct. App. 2024).

Wendell Wyndale Wilson v. Commonwealth of Virginia (Va. Ct. App. 2023).

— Va. Code Ann. § 18.2-456(A)(6) — 3 cases

Patrick James Lewis v. Commonwealth of Virginia (Va. Ct. App. 2024).

Michael David Smail v. Commonwealth of Virginia (Va. Ct. App. 2024).

N.T.A. v. Commonwealth of Virginia (Va. Ct. App. 2026).

— Va. Code Ann. § 18.2-456(B) — 2 cases

Steve L. Washington v. Commonwealth of Virginia (Va. Ct. App. 2024).

Rachel Virk v. Gary L. Clements (Va. Ct. App. 2024).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.