How much time can a court impose for civil contempt?

A court in Ohio may impose up to thirty days of imprisonment for a first civil contempt offense, sixty days for a second, and ninety days for a third or subsequent offense under R.C. 2705.05(A).[2] However, for civil (as opposed to criminal) contempt, the purpose of incarceration is coercive—not punitive—meaning that the contemnor must be given a purge condition so that compliance can end the confinement.[1]

Legal Framework

1. Statutory Authority – R.C. 2705.05
Under R.C. 2705.05(A), Ohio courts have express authority to impose fines or jail time after a contempt hearing:

For a first offense, a fine of not more than two hundred fifty dollars, a definite term of imprisonment of not more than thirty days, or both.

For a second offense, up to sixty days; for a third or subsequent offense, up to ninety days.[2]

This statute applies to both civil and criminal contempt but must be read in light of the distinction between coercive (civil) and punitive (criminal) purposes.

2. Nature of Civil Contempt
Civil contempt is designed to coerce compliance with a court order, not to punish for past violations. To remain civil in nature, any jail sentence must include a purge condition—a specific action the contemnor can take to secure immediate release.[1] For example, a person jailed for failure to pay support must be able to obtain release upon making the required payment.

3. Examples and Practice
According to the Ohio Supreme Court’s Contempt Bench Card (Rev. Sept. 2024), civil contempt under R.C. 2705.02 typically arises in cases of nonpayment of support or failure to comply with visitation orders. Courts must provide clear notice, a hearing, and a purge opportunity.[1]

Summary

• Maximum jail time (civil contempt): Up to 30 days for first offense under R.C. 2705.05(A)(1), with the important caveat that the contemnor retains the ability to purge the contempt by complying with the court’s order.
• Key limitation: Without a purge condition, the sanction may be treated as criminal contempt, which carries constitutional protections and serves a punitive purpose.

Practical Example

A parent found in contempt for failing to pay child support may be sentenced to 30 days in jail unless the parent pays a specified sum (the purge condition), in which case the confinement is lifted. This preserves the coercive nature of civil contempt and complies with Ohio law.[1][2]