Delaware Code Title 10 Sec. 7129 – Contempt
(a) Any person who knowingly violated any order issued pursuant to this chapter shall be subject to civil contempt as well as punishment for criminal contempt under §§ 1271 and 1272 of Title 11. Nothing in this chapter shall be construed in any way to preclude or preempt a criminal prosecution for violation of a controlled substance offense or any other criminal offense.
Terms Used In Delaware Code Title 10 Sec. 7129
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Court: means the Superior Court of the State of Delaware. See Delaware Code Title 10 Sec. 7103
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: means a human being who has been born and is alive, and, where appropriate, a public or private corporation, a trust, a firm, a joint stock company, a union, an unincorporated association, a partnership, a government or a governmental instrumentality. See Delaware Code Title 10 Sec. 7103
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Subpoena: A command to a witness to appear and give testimony.
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
(b) In case of the violation of any abatement or closing order granted under this chapter, or the commission of any contempt of court in proceedings under this chapter, the Court may summarily try and punish the offender.
(c) The proceeding shall be commenced by filing in the pending action with the prothonotary’s office a motion for a rule to show cause pursuant to Superior Court Civil Rule 64.1, accompanied by an affidavit showing service on the defendant and setting forth the facts constituting the violation. The Court shall thereupon cause a subpoena to issue under which the defendant shall be required to appear and defend the allegations. The hearing shall be oral before the Court, unless otherwise ordered by the Court and either party may demand the production and oral examination of the witnesses.
(d) A party found guilty of contempt under this chapter shall be fined not less than $500 nor than $10,000, or imprisoned not less than 3 months nor more than 1 year, or both. In addition, the court may impose an order of restitution or other conditions as the Court deems appropriate.
30 Del. Laws, c. 234, § ?8; Code 1935, § ?5279; 10 Del. C. 1953, § ?7109; 72 Del. Laws, c. 484, § ?1;