In re Marriage of Kreid, 2025 IL App (5th) 250187-U
Punitive Purge Conditions Create Criminal Contempt
Trial court's contempt order was criminal, not civil, because purge conditions were punitive rather than remedial. Criminal contempt requires full due process protections including notice and opportunity to defend. Family lawyers must ensure purge conditions are truly coercive and within contemnor's control to avoid reversal.
Facts
Kaleb Kreid violated a parenting plan by changing his child's school placement without required mediation. The trial court held him in contempt and ordered him to pay mediation costs and guardian ad litem fees within 14 days to purge the contempt. The Fifth District Appellate Court reviewed the contempt order.
Issue
Whether the trial court's contempt order was civil or criminal in nature and whether respondent was denied required due process protections.
Holding
The appellate court reversed, finding the contempt order was criminal despite being labeled civil. The purge conditions were punitive rather than remedial and beyond the contemnor's immediate control, requiring criminal contempt procedural protections that were not provided.
Key Reasoning
- Civil contempt must provide attainable purge mechanism that coerces future compliance, not punishes past conduct
- Court evaluated whether purge conditions were within contemnor's control and truly remedial versus punitive in nature
- Payment obligations to third parties function as punishment rather than immediate compliance measures
- Abuse of discretion standard applied to trial court's contempt determination
Practical Impact
For Petitioners
Structure contempt requests with truly remedial purge conditions within respondent's immediate control, or seek criminal contempt with proper procedures
For Respondents
Challenge purge conditions as punitive and demand criminal contempt protections when conditions exceed remedial scope
When This Applies
Applies when purge conditions involve third-party payments or punishment; doesn't apply to immediate compliance orders within contemnor's control
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